[2010]DLHC16659 • February 26, 2010 • High Court
BENJAMIN ODUAH ANDOH vs GHANA COLLEGE OF PHYSICIANS & SURGEONS, PROF. PAUL KWAME NYAME
The applicant, Benjamin Oduah Andoh, was appointed College Secretary of the Ghana College of Physicians and Surgeons. The 2nd Respondent, Prof. Paul Kwame Nyame, purported to terminate the applicant's appointment relying on an Assessment Interview Report dated 23rd April 2008. The applicant contended that the termination was unlawful, arbitrary, and without due process, and that the 2nd Respondent's continued stay in office as Rector was unconstitutional due to age. The applicant sought judicial review and various reliefs including declarations, certiorari, mandamus, and injunctions.
read moreRULING On the 2nd day of December, 2009 the applicant filed a motion for judicial review in which he sought the following reliefs against the Respondents: “(i) A declaration that the purported termination of the applicant’s appointment by the 2nd Respondent relying as it were on a so-called Assessment Interview Report dated 23rd April, 2008 was unlawful. (ii) A declaration that the continued stay in office of the 2nd Respondent as Rector of the 1st Respondent College is unlawful, the same being in clear violation of the Constitution, 1992 and other relevant laws made thereunder. (iii) An order of certiorari to bring in the purported termination by the 2nd Respondent complained of in (I) above and quash same as being in violation of due process and the relevant laws governing the 1st Respondent College. (iv) An order prohibiting the Respondents from imposing any disciplinary sanctions against the Applicant on the basis of his continued employment as the Deputy...