DOUGLAS Y. KUMASI AND PRECIOUS MINERALS MARKETING COMPANY [2000]DLCHRAJ5748

Date	2000-10-27
Suit No.	Our Ref: CHRAJ/306/98/244
Citation No.	[2000]DLCHRAJ5748

BENJAMIN K. OPPONG

[2000]DLCHRAJ5748
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">DOUGLAS Y. KUMASI<o:p></o:p>(COMPLAINANT)<o:p></o:p>AND<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">PRECIOUS MINERALS MARKETING COMPANY<o:p></o:p>(RESPONDENT)<o:p></o:p>(CHRAJ)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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Our Ref: CHRAJ/306/98/244&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;27/10/2000<o:p></o:p>

</div>COMMISSIONER: 
BENJAMIN K. OPPONG DEPUTY COMMISSIONER LEGAL/OPERATIONS<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">DECISION<o:p></o:p>

</div>On
July 1998, the complainant wrote a petition to the Commission on Human Rights
and Administrative Justice. This complaint was received on 31st July 1998. The
complainant sought redress for wrongful termination of appointment by the
Managing Director "purportedly on directives from the Office of the
President." Further, the complainant requested the Commission to place an
injunction on the respondent to restrain it from ejecting the complainant from
the premises, which he occupied by virtue of his employment, until the final
determination of this complaint. The complainant additionally asked the
Commission to intervene for him to be reinstated to his former position with the
respondent prior to the termination of his appointment.<o:p></o:p>The
complainant stated that, to the best of his knowledge and belief, he had
discharged his duties at the PMMC without blemish and to the best of his
ability. He stated that from 1983 when he joined the then Diamond Marketing
Corporation as a Senior Accountant until April, 1998, when his appointment was
terminated as Director of Audit, he was never cautioned, reprimanded or queried
for any cause whatsoever. The complainant in the circumstance attributed the
termination of his appointment to either personality conflict between himself
and the Managing Director or hatred, which the Managing Director bore him. The
complainant said the Managing Director had in the past variously accused him of
undermining his authority; reporting him to higher authority; or disloyalty. He
firmly rejected the charge of acts of indiscipline, which had been leveled
against him in the letter of termination.<o:p></o:p>In
its response to the Commission's request for comments, the respondent stated
that the termination of the appointment of the complainant was upon the
directives of the high office of the President. It is thus the case of the
respondent that it merely carried out orders from above. Copies of the letter,
which purported to instruct the termination of the appointment of the
complainant, were attached to the respondent's comments. In the letter from the
Office of the President, which was addressed to the Minister, Ministry of Mines
and Energy, the appointment of the complainant and one other {Adobofour) were
to be terminated "for various acts of indiscipline ". The letter
under reference, signed by J.L.M. Amissah, Secretary to the President dated
26" March 1998 with ref. No. OP/S.653 went on to state as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:1.0in;text-align:justify;text-indent:.45pt;mso-pagination:none;
border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">"For the avoidance of doubt, this
decision is without prejudice to the findings and recommendations that may
emerge from the on-going investigations into the 'Tarkwa Affair'."<o:p></o:p>While
this complaint was pending before the Commission for investigation and
determination on its merits, the respondent instituted a civil action in the<o:p></o:p>Circuit
Court, Accra, Suit No.CC307/99, for the recovery of possession of the premises,
which the complainant had occupied as a duty accommodation. The parties, i.e.
the complainant and the respondent reached terms of settlement to the effect
that the complainant shall vacate the said premises and hand over vacant
possession thereof to the respondent on 1st August 2000.<o:p></o:p>Certified
copy of the judgement which the court entered in respect of the case which the
Commission secured, limited itself exclusively to the issue of recovery of
possession of the respondent's accommodation from the complainant. The issue of
wrongful termination, which was pending before the Commission, was not raised
at all.<o:p></o:p>