EDMOND P. LAWSON AND C.E.P.S [2002]DLCHRAJ5751

Date	2002-09-21
Suit No.	Our Ref: CHRAJ/216/98/1875
Citation No.	[2002]DLCHRAJ5751

CHRIS A. OPOKWA

[2002]DLCHRAJ5751
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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">EDMOND P. LAWSON<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">C.E.P.S<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/216/98/1875&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;21/09/2002<o:p></o:p>

</div>COMMISSIONER:<o:p></o:p>CHRIS
A. OPOKWA DEPUTY CHIEF LEGAL OFFICER For: COMMISSIONER<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>In his petition dated 1st June, 1996, the
complainant, Mr. Edmond Prosper Lawson complained against his dismissal by the
Respondents sometime in 1993.<o:p></o:p>According
to the complainant he was stationed at the Accra-North Post Office as a Customs
and Excise Officer until 19th May, 1991 when he was arrested on charges of
attempting to bribe the Commissioner of Customs and Excise and Preventive
Services.<o:p></o:p>The
complainant says that one Laud Braimah, a Customs Cashier embezzled public
funds and that he was alleged to have collected money from the said Mr. Braimah
to bribe the Commissioner. He adds that he knew nothing about the alleged
bribery and had no knowledge either, when Mr Braimah left the country.<o:p></o:p>The
complainant further stated that he was detained for five months during which he
was subjected to sustained interrogation amidst severe torture. In order to
gain his freedom therefore and to save himself from further beating he admitted
having been given money to bribe the Commissioner.<o:p></o:p>It is the contention of the complainant
that in truth he never received any such money and that he confessed only to
end his continued incarceration and torture. He accordingly pleaded that the
dismissal be reversed.<o:p></o:p>In
their response to the petition dated 20th October, 1999, the Respondents stated
that the matter was investigated by the erstwhile National Investigation
Committee and that they were not in a position to know the evidence that was
adduced before the committee. They contended therefore that if the complainant
had lawful proof of his allegation based on a report by the NIC he should
produce same as evidence.<o:p></o:p>In
his rebuttal dated 15th November, 1999, the complainant argued that he was not
served with a copy of any NIC report and that after a thorough search at the
NIC office in Accra, no copy of such report was found.<o:p></o:p>The
complainant queried the basis of his dismissal since there was no report at the
NIC Offices or in the custody of the Respondents.<o:p></o:p>Investigations into the petition were
hampered by an apparent lack of information or evidence on the circumstances
leading to the dismissal.<o:p></o:p>In the circumstances the Commission is
constrained to give a decision on the submissions of the parties.<o:p></o:p>In
view of the partic</main>