[2005]DLSC2414 • July 20, 2005 • Supreme Court •
SAMUEL APPIAH AMPOFO vs. COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE (CHRAJ)
The Plaintiff, Samuel Appiah Ampofo, was the subject of an investigation by the Commission on Human Rights and Administrative Justice (CHRAJ) following a corruption complaint lodged by Mr. Kweku Baako. The Commission made adverse findings against the Plaintiff and recommended barring him from public office and membership of insurance institutions, and suggested criminal prosecution. The Plaintiff challenged the Commission's decision, contending that the investigative panel was improperly constituted and lacked jurisdiction, arguing that only the Commissioner and two Deputy Commissioners could exercise the Commission's investigative functions under the Constitution and Act 456.
read moreDR. SETH TWUM, J.S.C.: The Defendant, (hereinafter called “the Commission”) investigated a complaint of corruption lodged by Mr. Kweku Baako, Editor of Crusading Guide, against the Plaintiff. At the conclusion of the investigations the Commission made adverse findings against the Plaintiff and made a number of recommendations including. (a) that Mr. Appiah Ampofo be barred forthwith from holding any public office. (b) that he should be barred from membership of any Insurance Institution or Association. (c) that the Attorney-General should consider bringing criminal prosecution against Mr. Appiah Ampofo for corruption. Even though under Article 218 of the Constitution, if the Commission desires that its recommendations should be enforced, it must apply to the court for appropriate orders, the Plaintiff did not wait for such proceedings to be mounted by the Commission. Rather he issued a Writ of Summons in the High Court and sought a declaration, inter alios, ...