EMMANUEL MENSAH AND CONTROLLER AND ACCOUNTANT GENERAL'S [2001]DLCHRAJ6045

Date	2001-11-15
Suit No.	Our Ref: CHRAJ/763/2000/585
Citation No.	[2001]DLCHRAJ6045

B. K. OPPONG

[2001]DLCHRAJ6045
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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">EMMANUEL MENSAH<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">CONTROLLER AND ACCOUNTANT
GENERAL'S<o:p></o:p>(RESPONDENT)<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" 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">(CHRAJ)<o:p></o:p>

Our Ref: CHRAJ/763/2000/585&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; DATE:
15/11/2001<o:p></o:p>

</div>commissioner:<o:p></o:p>B.
K. OPPONG DEPUTY COMMISSIONER LEGAL &amp; OPERATIONS FOR COMMISSIONER<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

<p class="MsoNormal" align="center" style="text-align:center;mso-pagination:none;
border:none;mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;
mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">DECISION<o:p></o:p>

</div>This
is a case of Mr. Emmanuel Kobina Mensah simply referred to as the complainant.
By his complaint of 29th January 2001 and his subsequent testimony before us,
the complainant alleges amongst other things that he was appointed as a
security officer/guardsman to the erstwhile Presidential Detail Department
(PDD) of the Convention Peoples' Party (CPP) regime. He claims he was appointed
to the said position sometime in 1963 and was at post until 24th February 1996
when the coup detat took place. He claims that as a result of the coup he and all
others who worked as security officer/guardsmen, Intelligence Officers at the
PDD had their appointments terminated and further banned from working anywhere
in the public service.<o:p></o:p>As a consequence, he alleges he was denied
payment of all his gratuity and pensions benefits up to date.<o:p></o:p>According
to Mr. Mensah, his post was pensionable and attached to it was a salary scale
of £510 x 25 – £710 per annum.<o:p></o:p>Again,
Mr. Mensah by his complaint is craving for the indulgence of the Commission to
recommend to the Accountant-General's Department (AGD) to pay him pension and
gratuity benefits for his past services to the state as a security
officer/guardsman.<o:p></o:p>And in his evidence-in-chief, the
complainant deposed that by a letter dated sometime in 1963, the office of the
President of the First Republic invited him for an interview after which he was
appointed as a Security Officer/Guardsman at che PDD. Continuing the
complainant says he was interviewed by a panel i luding Mr. Ambrose Yankey Snr,
who was the Head of PDD, Mr. T.K. Impraim, Mr. John Adobow an ex-senior Police
Officer and Colonel Zanerigu etc. who were all Senior Officers at the PDD.<o:p></o:p>He also stated further that his
appointment which took effect in early 1963 or thereabout was backed by an
appointment letter signed by Mr. T.K. Mpraim which was afterwards withdrawn by
Mr. Ambrose Yankey Snr, the Head of the PDD for security reasons.<o:p></o:p>The
complainant also claims that he attended the said interview with Messrs
Cobbina, Phillips, M.A. Armah, Akwasi Yiadom Boakye, Amihere Francis, John
Ayepah Quaicoe and Coffie who became his co-workers or colleague security
Officers/Guardsmen at the PDD. He further claims that after his appointment as
a Guardsman/Security officer at the PDD, he was sent to Bondase Military Range
training in surveillance, weapon handling intelligence work and protection
duties with his colleagues mentioned above under supervision of Sergeant Alexander
popularly called Sergeant Alex. He claims that after the training, he was
posted to the Platoon Number I at the Flagstaff House under the leadership of
Messrs Cobbina Phillips, Ben Forjoe and Amoako-Atta all senior officers at PDD.<o:p></o:p>The
complainant in his evidence-in-chief alleged that he was taken on at the PDD on
pensionable terms. Finally, he alleges that due to the 24th February 1966 coup
detat, the PDD and his appointment were abolished. He was, so he said, not
given a month's salary in lieu of notice of the termination of his appointment.<o:p></o:p>