THE REPUBLIC vs. GHANA EDUCATION SERVICE EX-PARTE: AMPOFO OPPONG, AGYEMAN DUAH ERNEST, ARHIN WALLACE JONES AND ADAMS BRIGHT NESTA [2013]DLHC8247

THE REPUBLIC vs. GHANA EDUCATION SERVICE EX-PARTE: AMPOFO OPPONG, AGYEMAN DUAH E... [2013]DLHC8247

Date	2013-05-06
Suit No.	SUIT NO. C10/12/13.
Citation No.	[2013]DLHC8247

HIS LORDSHIP JUSTICE JACOB B. BOON

NANA KWASI BOAITEY FOR THE APPLICANTS

FAIZAL SAMAD FOR THE RESPONDENT.

[2013]DLHC8247
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>GHANA
EDUCATION SERVICE<o:p></o:p>EX-PARTE:
AMPOFO OPPONG, AGYEMAN DUAH ERNEST, ARHIN WALLACE JONES AND ADAMS BRIGHT NESTA<o:p></o:p>[HIGH COURT, KUMASI]<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. C10/12/13.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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:
6TH MAY, 2013<o:p></o:p>

</div>COUNSEL:<o:p></o:p>NANA
KWASI BOAITEY FOR THE APPLICANTS<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">

FAIZAL
SAMAD FOR THE RESPONDENT.<o:p></o:p>

<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;text-indent:
0cm;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">HIS
LORDSHIP JUSTICE JACOB B. BOON<o:p></o:p>

</div>This application for judicial review, prays for the grant of writs of
certiorari and prohibition, and is brought under Order 55 of the High Court
(Civil Procedure) Rules 2004, C.I.47, directed at the Ghana Education Service,
to be referred to as the Respondent. The applicants are teachers at Bonwire
Senior High Technical School in the Ejisu-Juaben Municipality of Ashanti
Region. In an effort to motivate the teaching staff, the school instituted a scheme
to reward teachers for additional tuition hours. In this regard, students were
made to make monetary contributions into a fund to be disbursed to the teachers
at the close of each school term. On the 26th of July, 2012, in the
absence of the Headmaster, the Bursar issued a cheque for GH¢1000.00 from the
fund to be disbursed to the teachers. The applicants were dissatisfied with the
amount in that it was below their expectation. Consequently, they held a protest
in the school to register their displeasure at lack of transparency in the
operation and management of the fund. According to their depositions, it was a peaceful
protest; this was admitted by the respondent except the applicants were accused
of disrupting examinations which were being written at the time. In paragraphs
7 to 12 of the affidavit in support of the motion, the applicants deposed as
follows:<o:p></o:p><o:p>&nbsp;</o:p>“7. That on or about the 26th
of July 2012, some amounts were announced as being the money accruing from the
fund and which was to be disbursed to all teachers by the school authorities through
its accounts department.<o:p></o:p><o:p>&nbsp;</o:p>8. That almost all the
teachers including us were dissatisfied with the amounts that were paid to us
because it fell far below the amounts that were paid under the scheme,
considering the contributions that had been made as of the time in question.<o:p></o:p><o:p>&nbsp;</o:p>9. That we protested together
with other teachers against the declaration of these amounts by the school
authorities including the accountant and headmaster and demanded that the fund
be investigated and accounted for.<o:p></o:p><o:p>&nbsp;</o:p>10. That our said protestation
did not include and or generate any acts of violence and or riot.<o:p></o:p><o:p>&nbsp;</o:p>11. That we genuinely believe
we acted in accordance with our constitutional right to freedom of assembly and
of expression including the freedom to take part in processions and
demonstrations under Article 21(1) (d) of the 1992 Constitution.<o:p></o:p><o:p>&nbsp;</o:p>12. That by a letter dated 30th
July 2012, signed by the school’s headmaster, we were invited to attend the
disciplinary committee chaired by</main>