MOHAMMED HAMDU AND DAM NELSON vs. THE MINISTER OF MANPOWER,YOUTH & EMPLOYMENT AND THE ATTORNEY GENERAL

The Plaintiffs, Mohammed Hamdu and Dam Nelson, along with 120 others, were engaged as interns under the National Youth Employment Programme (NYEP) by the 1st Defendant, the Minister of Manpower, Youth & Employment, and posted to the Ghana at 50 Secretariat. They underwent training and medical examination before appointment. Their appointment letters did not specify a time limit. They were instructed to standby and render services as needed during the period. Plaintiffs were paid allowances up to August 2007 but not for September to December 2007. They claimed unpaid allowances for these months, interest, general damages, and costs. The Defendants denied the claim, asserting the Plaintiffs were interns, not employees, and that their engagement ended after the Ghana at 50 celebrations and subsequent events, with no entitlement to allowances beyond August 2007.

The Plaintiffs herein brought this action against the Defendants, jointly and severally on 13th November, 2008 on their own behalf and on behalf of 120 others for the following reliefs: 1. An order for the payment to the Plaintiffs the arrears of their allowances for the months of September, October, November and December, 2007. 2. An order for payment of interest at the prevailing commercial bank rate on the total amount of the arrears with effect from September, 2007 to date of final payment. 3. General damages and costs. The Defendants entered appearance on 11th December, 2008 and filed their statement of defence on 29th December, 2008 denying the claim of the Plaintiffs. The Plaintiffs filed a reply to the statement of defence on 20th February, 2009 together with application for directions in which the following issues were raised by them: (1) Whether or not the 1st Defendant was the employer of the Plaintiffs. (2) Whether or not the appointment letters issued by the 1s...