NICHOLAS CHARLES AGBEVOR vs. THE ATTORNEY-GENERAL [2000]DLSC2355

Date	2000-07-12
Suit No.	WRIT NO. 2/2000
Citation No.	[2000]DLSC2355

WIREDU J.S.C. (PRESIDING)

KPEGAH J.S.C.

ADJABENG J.S.C.

ATUGUBA J.S.C.

AKUFFO (MS.) J.S.C.

MR. KUDJAWU FOR PLAINTIFF

MR. S.Y. ANIM CHIEF STATE ATTORNEY FOR DEFENDANT

[2000]DLSC2355
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													<main id="main" class="content" style="min-height: 60rem" >NICHOLAS CHARLES AGBEVOR<o:p></o:p>vs.<o:p></o:p>THE ATTORNEY-GENERAL<o:p></o:p>[SUPREME
COURT]<o:p></o:p>WRIT NO.
2/2000<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE: 12TH JULY
2000.<o:p></o:p>

</div>COUNSEL<o:p></o:p>MR. KUDJAWU FOR PLAINTIFF<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto;
text-align:justify;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">WIREDU J.S.C. (PRESIDING), KPEGAH J.S.C., ADJABENG
J.S.C., ATUGUBA
J.S.C., AKUFFO (MS.)
J.S.C.<o:p></o:p>

</div>JUDGMENT<o:p></o:p>The events which have provoked this action may be
stated as follows: By a letter from the office of the President, dated 20th
March, 2000 and addressed to the Plaintiff, the plaintiff was informed as
follows:<o:p></o:p>“H.E. the
President has accepted the recommendation of the Judicial Council, given in
accordance with L.I.319, Section 28(2) of the Judicial Service Regulations,
1963 and has directed your immediate redeployment out the Judicial Service for
displaying a high degree of incompetence in the discharge of your duties”.<o:p></o:p>By his writ herein, the Plaintiff seeks from this
Court a declaration that his removal from the Judicial Service as a Judicial
Officer by the President, for the reasons stated, is contrary to Article 151(1)
of the Constitution.&nbsp; In his Statement of Case in support of his claim,
the Plaintiff, who until the said letter held the position of 2nd Deputy
Judicial Secretary, contended that:—<o:p></o:p>a. The
effect of the President’s letter was to remove him from his judicial office<o:p></o:p>b. Such
removal was in punishment for allegations made against him and which he was not
given any opportunity to be heard in his defence, contrary to Section 25 of the
Judicial Service Act.<o:p></o:p>c. Since
the coming into force of the Constitution, the provisions of Regulation 28(2)
of the Judicial Service Regulations either ceased to apply for the purposes of
removing a judicial officer, or its application must be with such modifications
as are necessary to bring those provisions in conformity with Article 151 of
the Constitution<o:p></o:p>d. By
virtue of Article 151, it is only the Chief justice who has the power to remove
a Judicial Officer from office and such removal may only be upon the grounds
and pursuant to the process stipulated therein.<o:p></o:p>The Honourable Attorney-General, in his Statement
of Case, contended that the holding of the position of 2nd Deputy Judicial
secretary did not make the Plaintiff a Judicial Officer, since the position of
a Judicial Officer is a creature of the law and is one which cannot be created
outside Article 161 of the Constitution of Section 32 of the Judicial Service
Act.&nbsp; He further contended that:—