MAHMOUD KWAMINA HANTOUR vs. THE BANK OF GHANA (PER THE GOVERNOR) [2009]DLHC7789

Date	2009-06-17
Suit No.	SUIT NO.: AHR1/2007
Citation No.	[2009]DLHC7789

HIS LORDSHIP JUSTICE E. K. AYEBI SITTING AS AN ADDITIONAL HIGH COURT JUDGE

[2009]DLHC7789
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													<main id="main" class="content" style="min-height: 60rem" >MAHMOUD
KWAMINA HANTOUR<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0">vs.<o:p></o:p>THE BANK OF GHANA (PER THE GOVERNOR)<o:p></o:p>[HIGH
COURT (FAST TRACK), ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO.:&nbsp; AHR1/2007&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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:
17TH JUNE, 2009<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

HIS
LORDSHIP JUSTICE E. K. AYEBI SITTING AS AN ADDITIONAL HIGH COURT JUDGE<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

</div>The substance of plaintiff’s case against the
defendant is as follows:&nbsp; By a letter
dated 7th October 1997, the then president of the Republic of Ghana
in consultation with the Council of State appointed plaintiff as an adviser to the governor of the
defendant.&nbsp; When plaintiff assumed duty
with the defendant, he realized that he was not being accorded facilities,
salaries and benefits commensurate with his position despite his complaints to
the defendant.<o:p></o:p>Plaintiff then informed government of his
plight.&nbsp; In a letter dated 11/03/98, the
then Vice-President of the Republic clarified plaintiff’s position as a special adviser to the governor
of the defendant and further directed that the plaintiff’s salary and benefits
should be the same as those enjoyed by a deputy governor of the defendant.&nbsp; Inspite of that letter, plaintiff asserted
that defendant neither involved him in the management of its business nor
changed its attitude towards him.<o:p></o:p>Somewhere in 1998, defendant seconded the plaintiff
to National Investment Bank where he acted as the Managing Director until he
was directed to return to the defendant in 2001.&nbsp; On the return of plaintiff, defendant did a
re-organisation in which it made plaintiff responsible for two departments
under the supervision of the first deputy governor.&nbsp; Plaintiff who considered his position as
higher than that of a deputy governor declined to accept the assignment.<o:p></o:p>On 18/04/02, plaintiff retired voluntarily, having
served four and a half years with the defendant.&nbsp; Plaintiff was paid entitlement not equivalent
to that of a deputy governor.&nbsp; He was
also denied completely pension benefits.&nbsp;
Several attempts by plaintiff to get the defendant pay him retirement
benefits and pension commensurate with that of a deputy governor who has served
full term fell on deaf ears, hence the issue of this writ of summons against
the defendant.<o:p></o:p>The reliefs plaintiff claims are:<o:p></o:p>(a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
A
declaration that the plaintiff was appointed as a special adviser to the
governor of the defendant bank.<o:p></o:p>(b)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
A
declaration that by the said appointment, plaintiff was entitled to the salary
and benefits of a deputy governor of the defendant bank.<o:p></o:p>(c)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
A
declaration that the defendant bank failed and/or refused to provide the
plaintiff with all the facilities and/or benefits due to the plaintiff during
plaintiff’s tenure of office with the defendant bank.<o:p></o:p>(d)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
A
declaration that the defendant bank failed and/or refused to pay the plaintiff
the full monthly salary due him during his tenure of office with the defendant
bank.<o:p></o:p>(e)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
A
declaration that at the time plaintiff tendered in his voluntary retirement, he
had served more than a full term and was therefore entitled to a pension and
retirement benefits of a deputy governor of the defendant bank.<o:p></o:p>