REPUBLIC vs. ATTORNEY-GENERAL AND OTHERS; EX PARTE OWUSU

The applicant, who was the Managing Director of the Ghana National Trading Corporation (GNTC), sought judicial review after investigations were conducted into the corporation’s purchase of metallic watch straps worth ¢29 million, mosquito netting worth ¢2 million, and novels worth ¢10 million. The State Enterprises Commission (SEC), acting under the State Enterprises Commission Decree, 1976 (SMCD 10), initiated an audit inquiry into the purchasing procedures and cash flow position of GNTC. Following the inquiry, the applicant was interdicted on 23 March 1981 and, on 8 May 1981, his summary dismissal was announced by the government. He then applied for certiorari to quash the SEC report and the dismissal decision, and for mandamus to compel his reinstatement. Portion of judgment: “By his motion the applicant seeks the following reliefs...” and the passages beginning “On Monday 23 March 1981...” and “On 8 May 1981, the government caused the government controlled Ghana Broadcasting Corporation to broadcast that the applicant had been summarily dismissed...”

JUDGMENT OF KORSAH J. By his motion the applicant seeks the following reliefs: “(a) an order of certiorari to bring up and quash the report of the second respondents containing adverse findings against the applicant and recommendations for his dismissal from the post of managing director of the Ghana National Trading Corporation by reason of the ¢29 million watch straps affair; (b) an order of certiorari to bring up and quash the decision of either the government or the third respondent or both purporting to dismiss the appellant from his post of managing director of the Ghana National Trading Corporation; and (c) an order of mandamus directing the applicant’s reinstatement forthwith as managing director of the Ghana National Trading Corporation.” The facts leading to the interdiction of the applicant on 23 March 1981, are as stated in the ruling in miscellaneous application No. 113/81. Before his interdiction on 23 March 1981, the chairman of the State Enterprises Comm...