[1982]DLSC2193 • June 8, 1982 • Supreme Court •
REPUBLIC vs. DARKWA
During the Armed Forces Revolutionary Council era (June-September 1979), the 'Huppenbauer Committee' investigated the Ghana Police Service and made adverse findings against the respondent, recommending her retirement. The government accepted this, and the respondent was retired on 22 September 1979. The respondent challenged these findings in the Court of Appeal, which set aside the adverse findings on 26 February 1981 and advised reinstatement. The applicant (Republic) appealed to the Supreme Court but failed to file the required statement of case within the stipulated time, leading to the appeal being struck out. Subsequently, the Police Council announced it would not reinstate the respondent but would pay arrears and entitlements, which the respondent accepted.
read moreJUDGMENT OF APALOO C.J. Apaloo C.J. read the ruling of the court. During the era of the Armed Forces Revolutionary Council (i.e. June - September, 1979), a committee popularly called the “Huppenbauer Committee” conducted investigations into some aspects of the Ghana Police Service. Adverse findings were apparently made against the respondent by the committee which recommended her retirement. This was accepted by the government and the respondent together with other police officers similarly circumstanced, were retired from the Police Service on 22 September, 1979. The respondent contested the adverse findings made against her in the Court of Appeal. It appears that in that court, the applicant disputed the competence of the court to entertain the appeal. The Court of Appeal found against that contention and heard the appeal on its merits. On 26 February, 1981, the court set aside the adverse findings made against the respondent and as that was the basis of her enforced retireme...