THE REPUBLIC vs. FORESTRY COMMISSION EX-PARTE: ALEXANDER AMOAH [2006]DLCA6616

Date	2006-02-03
Suit No.	CIVIL APPEAL NO. H1/270/06
Citation No.	[2006]DLCA6616

FARKYE JA [PRESIDING]

KANYOKE JA S.

MARFUL-SAU JA

K. FOSU GYEABOUR FOR APPLICANT/APPELLANT

B.B. BAKATTAH FOR RESPONDENT/RESPONDENT

[2006]DLCA6616
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>FORESTRY
COMMISSION<o:p></o:p>(RESPONDENT/RESPONDENT)<o:p></o:p>EX-PARTE: ALEXANDER
AMOAH<o:p></o:p>(APP'T/RESPT.)<o:p></o:p><o:p>&nbsp;</o:p>[COURT OF APPEAL, ACCRA]<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:0in;margin-bottom:.0001pt;
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APPEAL NO. H1/270/06&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 3RD FEBRUARY, 2006<o:p></o:p>

</div>COUNSEL:<o:p></o:p>K. FOSU GYEABOUR FOR APPLICANT/APPELLANT <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" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
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RESPONDENT/RESPONDENT <o:p></o:p>

<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
115%;mso-outline-level:1;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
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KANYOKE, JA S. AND MARFUL-SAU, JA<o:p></o:p>

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</div>KANYOKE,
J.A. <o:p></o:p>The
Applicant/Appellant (hereinafter called the applicant) was on the 28th day of
August 2000 appointed by the Defendant/Respondent (also hereinafter referred to
as the Respondent) as an Assistant Conservator of Forests and posted to the
College of Renewable Natural Resources (CRNR) Sunyani in the Brong-Ahafo Region
as a Lecturer. In October 2000 the teaching staff of the College of which the
applicant was the Secretary convened a meeting and took a collective decision
to withhold the examination results of the students in order to press home
their demand for improved condition of service. Whilst the demand of the
teaching staff were being considered the applicant acting alone and in a reply
to a query from the Principal of the College in connection with applicant's
persistent refusal to release the examination results in his custody despite
the fact that his other colleagues had rescinded their decision to withhold the
examination result, made allegations of malfeasance, nepotism and selfishness
against the Principal of the College. Acting on the basis of this allegation a
Board of Enquiry was set up to investigate those allegations and the applicant
was invited to appear before the Board of Inquiry. On the conclusion of
investigations, the Board issued its report. The finding of the Board was that
it could not establish any case of malfeasance, nepotism and selfishness
against the Principal of the College. In the mean time, the applicant continued
to keep the examination results of the students in his custody, this time to
press home his demand for a response to his application for a car loan. But
still undaunted and in his desire to get at the Principal of CRNR by all means
the applicant again in a letter dated 24th February 2003 addressed to the
Minister of Lands and Forestry and captioned 'MALFESANT DEEDS, NEPOTISM AND SELFISHNESS AT CRNR (MR. L.B.
Antwi's administration) made the same allegation of malfeasance, nepotism and
selfishness against the Principal of the CRNR. On receipt of the applicant's
letter the Minister referred it to the Chief Executive of the Forestry
Commission and directed him to set up a Fact-Finding Committee to investigate
the allegations. The Chief Executive of the Commission accordingly set up a
Fact-Finding Committee to go into the allegations. The applicant was invited
before the Fact-Finding Committee to substantiate his allegations and he did
appear before the committee. On the conclusion of the investigation the
Fact-Finding Committee issued its report (Exhibit 'C'). The finding of the
committee was that it could not establish any case of malfeasance, nepotism and
selfishness against the Principal of the CRNR. <o:p></o:p>In
the mean time the applicant had released the examination results in his custody
after he had been served with a warning letter to release the result or face
sanctions. Following the submission of the fact-finding committee report the
Chief Executive of the Forestry Commission felt the conduct or acts of the
applicant were not only intolerable but also immoral and inappropriate and
tended to bring the office of the Principal into disrepute and ridicule thereby
undermining the constituted authority of the Principal of the CRNR. <o:p></o:p>The
Chief Executive of the Commission accordingly issued the applicant a query to
explain why disciplinary action should not be taken against him for such
intolerable conduct or acts. The Plaintiff replied to the query. Apparently not
satisfied with the Plaintiff's explanations the Chief Executive of the
Commission by a letter dated 25th August, 2003 (Exhibit 'E') terminated the
appointment of the applicant in accordance with Article 35.13(b) and (i) of the
condition of Service for management staff of the CRNR (Exhibit 'F'). The
applicant feeling dissatisfied with and aggrieved by his termination, per his
Solicitor filed on the 22nd of October, 2003 a Motion on Notice at the High
Court, Accra praying the Court to issue a Writ of Certiorari to quash the
decision of the Respondent terminating his appointment. The motion was filed in
pursuance to leave granted to the applicant on the 14th October 2003. In the
Statement filed pursuance to Order 59 rule 2(2) of the now revoked High Court
(Civil Procedure) Rules, 1954 (LN 14A), the applicant stated the following
grounds for the application." <o:p></o:p>"GROUNDS
— <o:p></o:p>(a)
No allegatio</main>