MATILDA ODURO vs. GHANA PRISONS SERVICE AND ANOTHER [2017]DLHC3932

Date	2017-04-11
Suit No.	SUIT NO: HR/0081/16
Citation No.	[2017]DLHC3932

JUSTICE GIFTY AGYEI ADDO HIGH COURT JUDGE

ANNIE EMEFA FIAWOO FOR EGBERT FAIBILLE JUNIOR FOR THE APPLICANT.

MAJORIE AYIMADU FOR WILLIAM KPOBI FOR THE RESPONDENTS.

[2017]DLHC3932
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													<main id="main" class="content" style="min-height: 60rem" >MATILDA ODURO<o:p></o:p>vs.<o:p></o:p>GHANA PRISONS SERVICE
AND ANOTHER<o:p></o:p>[HIGH COURT (HUMAN RIGHTS
DIVISION ONE), ACCRA]<o:p></o:p>SUIT NO: HR/0081/16&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; 11TH
APRIL, 2017<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<o:p>&nbsp;</o:p>

</div>COUNSEL:<o:p></o:p>ANNIE EMEFA FIAWOO FOR EGBERT FAIBILLE JUNIOR, FOR THE APPLICANT. <o:p></o:p>MAJORIE AYIMADU FOR WILLIAM KPOBI, FOR THE RESPONDENTS. <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<o:p>&nbsp;</o:p>

</div>CORAM:<o:p></o:p>&nbsp;JUSTICE GIFTY AGYEI ADDO, HIGH COURT JUDGE <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<o:p>&nbsp;</o:p>

</div>JUDGMENT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>The Applicant is before this Court for an order enforcing her
fundamental human rights. The application is founded on Articles 33, 205, 17
and 23 of the Constitution of the Republic of Ghana, 1992, the Prisons Service
Act, 1972 (NRCD 46) and Order 67 of the High Court (Civil Procedure) Rules,
2004 (C.I. 47). <o:p></o:p><o:p>&nbsp;</o:p>It is the case of the Applicant that, sometime in 2013, whilst at
the rank of Assistant- Director of Prisons (ADP), she as well as a number of
officers of their intake (being 11) attended an interview for promotion to the
rank of Deputy-Director of prisons (DDP). That per a letter dated 31st December,
2014, the first Respondent published the promotion of officers who attended the
aforementioned interviews on the basis of an approval by His Excellency the
President of the Republic. A copy of the letter was exhibited and marked as
Exhibit “A”. <o:p></o:p><o:p>&nbsp;</o:p>That Exhibit “A” did not include the Applicant’s name. She as a
result wrote a letter dated 2nd January, 2015, drawing the attention
of the 1st Respondent to what she believed to be an omission.
Exhibit “B” is the letter the Applicant wrote. Per Exhibit “C”, the Applicant
further wrote on 27th January, 2015, regarding the omission of her
name from the list of promoted officers. <o:p></o:p><o:p>&nbsp;</o:p>Again, per Exhibit “D”, the 1st Respondent replied to
the letter, Exhibit “B” to inform her that the promotions were based on an
interview conducted by a panel and further, that the results of the interview
formed the basis of the recommendation for the promotion made to the President
for approval. <o:p></o:p><o:p>&nbsp;</o:p>Not satisfied, the Applicant wrote Exhibit “E” dated 1st July,
2015, per her solicitors, to the first Respondent Council about the
developments surrounding the omission of her name from the promotion list. The
1st Respondent’s Council responded per a letter dated 23rd July,
2015, which is Exhibit “F”. <o:p></o:p><o:p>&nbsp;</o:p>Per Exhibit “G” dated 22nd March, 2015, the Prison’s
Service Council, which is the 1st Respondent’s Council, wrote to the Applicant
stating the reasons she was not promoted. From Exhibit “G”, the Prisons Service
Council stated that the Council after going through the results of the
promotion interviews observed that the Applicant placed 12th out of
the 12 officers who were interviewed on 2nd May, 2013, such that her
performance was not impressive for His Excellency the President to promote her.
<o:p></o:p><o:p>&nbsp;</o:p>