Ε.Κ. TAWIAH AND MINISTRY OF TRADE [2002]DLCHRAJ5750

Date	2002-10-30
Suit No.	Our Ref: CHRAJ/26/98/266
Citation No.	[2002]DLCHRAJ5750

BENJAMIN K. OPPONG

[2002]DLCHRAJ5750
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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">Ε.Κ. TAWIAH<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">MINISTRY OF TRADE<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;
padding:0in 0in 1.0pt 0in">

Our Ref: CHRAJ/26/98/266&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; &nbsp; &nbsp; &nbsp; &nbsp; 30/10/2002<o:p></o:p>

</div>COMMISSIONER:<o:p></o:p>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>Sometime
in October 1989 the government of the PNDC set up a special NIC sub-committee
under the Chairmanship of Col. R.B. Commey to investigate the production and
mode of distribution of some essential commodities in the country.<o:p></o:p>The
report of this committee adversely affected a number of people including the
complainant. The PNDC government issued a press release on the report and
directed the dismissal of the complainant who is alleged to have manipulated
the national distribution list by inserting the names of some companies in
which he had personal interest.<o:p></o:p>In
his complaint lodged with this Commission the complainant denied the allegation
and explained that the compilation of the Commercial house list was done by a
Technical Committee headed by the then PNDC Secretary for the Ministry of
Trade. According to the complainant "Quiet Lane Enterprise" is owned
by his brother, who lives in Mali, he had no hand in that Enterprise's
placement on the distribution list. He said his brother applied in his own
right and received the approval of the Secretary for that sector Ministry. He
further stated that Mr. Kofi Djin, the Secretary, in his evidence before the
Committee at which the complainant was present, stated that he was aware of the
ownership of the Company and that he gave the approval for its inclusion on the
list of distribution of essential commodities.<o:p></o:p>A
copy of the complaint was sent to the Ministry of Trade as required by this
Commission's procedural regulations for comments. The Commission also called
for a copy of the Commey Committee Report.<o:p></o:p>The
respondent sent a reply to the Commission stating that it was the PNDC
government that directed the dismissal of the complainant based on a government
press release and informed us further that the Ministry did not have a copy of
the Committee Report on the complainant.<o:p></o:p>The respondent in effect did not put up
any defence to the complainant's claim and offered the Commission no
assistance. Through the assistance of the complainant the Commission procured a
copy of the Commey Report for its study.<o:p></o:p>The part of the report on the complainant
turned on his relation with a distributor who is his brother who lives in Mali
and owns Quiet Lane Enterprise. The complainant is alleged to have minuted the
approval for the placement on the distribution list of Quiet Lane Enterprise
his own brother's company.<o:p></o:p>The report records that Mr. Kofi Djin the
then Secretary for Trade refuted this allegation and stated that he gave the
approval for the inclusion of the names on the list for distribution.<o:p></o:p>In an interview with the complainant the
Commission sought an explanation from him about an amount of ¢8.5million billed
against him, Mr. Kofi Djin and some others. In his explanation the complainant
stated that the Office of the Revenue Commissioners wrote to those concern</main>