[1967]DLHC1536July 20, 1967High Court

REPUBLIC vs. STATE FISHING CORPORATION COMMISSION OF ENQUIRY (CHAIRMAN); EX PARTE BANNERMAN

The National Liberation Council appointed a Commission of Enquiry to investigate the management of the State Fishing Corporation. The Commission, chaired by the respondent, conducted sittings from February to June 1967. On 26 June 1967, the chairman purported to suspend Mr. V.O. Bannerman, the distribution marketing manager of the Corporation, by letter. Bannerman challenged the suspension, seeking judicial review to quash the suspension and prevent interference with his employment duties.

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JUDGMENT OF EDUSEI J. On 18 January 1967 the National Liberation Council in the exercise of the powers conferred on it by section 1 of the Commissions of Enquiry Act, 1964 (Act 250), appointed by an executive instrument, a commission of inquiry to inquire into the management and other matters relating to the State Fishing Corporation. The terms of reference of the commission are elaborately set out in paragraph 3 of the Commission of Enquiry (State Fishing Corporation) Instrument, 1967 (E.I. 6). The respondent in the instant application is the chairman of the commission of inquiry, and the applicant is the distribution marketing manager of the State Fishing Corporation. The commission entered upon its duty as set out in its terms of reference and its sittings so far covered the period from 10 February 1967 to 28 June 1967. On 26 June 1967 the chairman of the Commission of Enquiry (State Fishing Corporation) purported to suspend Mr. V.O. Bannerman, the distribution marketing mana...