KWAME BOADI ACHEAMPONG AND WISDOM NTIM AWUKU (PLAINTIFFS/RESPONDENTS/APPELLANTS) vs. GHANA HIGHWAYS AUTHORITY (DEFENDANT/APPELLANT/RESPONDENT)

The appellants, employed as Maintenance Engineer and Quantities Manager at the Ghana Highways Authority (GHA) Western Region, were dismissed following investigations into payment irregularities involving certification of payments for road works not executed. The Ministry of Transportation set up a committee which found that over two billion cedis were paid for unexecuted works. The GHA disciplinary committee found the appellants guilty of dishonesty and recommended demotion, but the Authority summarily dismissed them. The appellants challenged their dismissal as unlawful and disproportionate, leading to a protracted legal battle through the High Court, Court of Appeal, and ultimately the Supreme Court.

THE UNANIMOUS JUDGMENT OF THE COURT IS READ BY AMEGATCHER JSC, AS FOLLOWS:- The Directive Principles of State Policy in the 1992 Constitution embraces the life of the nation. It is the policy document by which the state is to create social and economic conditions for the citizens to lead a good life. Article 35 for example mandates the State to provide adequate facilities for and encourage, free mobility of people, goods and services throughout Ghana. Good road networks linking the country together is one of the ideals the State intended achieving under the Directive Principles. In 1997, Parliament passed the Ghana Highway Authority Act, 1997 (Act 540) establishing the Authority as one of the agencies under the Ministry of Transportation. Among others, the objectives of the Authority are to plan, develop, maintain, protect, administer and provide safe and adequate infrastructure for road transportation commensurate with the economic development of the country. The Authority is also ...