SAM OKUDZETO vs. THE ATTORNEY-GENERAL AND THE GOVERNOR, BANKOF GHANA [2020]DLHC9801

Date	2020-02-08
Suit No.
Citation No.	[2020]DLHC9801

HIS LORDSHIP JUSTICE K.N. ADUAMA OSEI

NENE AMEGATCHER

VICTORIA BARTH WITH HIM FOR PLAINTIFF

THEOPHILUS KPARVIE FOR SAMUEL CUDJOE FOR 2ND DEFENDANT

[2020]DLHC9801
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SAM OKUDZETO <o:p></o:p>

(PLAINTIFF)<o:p></o:p>

vs.<o:p></o:p>

THE ATTORNEY-GENERAL AND THE GOVERNOR, BANKOF GHANA<o:p></o:p>

(DEFENDANTS)<span style="font-size:10.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:Calibri;
mso-fareast-theme-font:minor-latin;mso-bidi-font-family:&quot;Times New Roman&quot;;
mso-bidi-theme-font:minor-bidi"><o:p></o:p>

<o:p>&nbsp;</o:p>

[HIGH COURT (FAST
TRACK DIVISION, ACCRA]<o:p></o:p>

SUIT NO. AHR.49/2009&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&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: 8TH FEBRUARY, 2020<o:p></o:p>

</div>

COUNSEL:<o:p></o:p>

NENE
AMEGATCHER, VICTORIA BARTH WITH HIM FOR PLAINTIFF<o:p></o:p>

THEOPHILUS KPARVIE FOR SAMUEL CUDJOE FOR
2ND DEFENDANT<o:p></o:p>

</div>

CORAM:<o:p></o:p>

<p class="MsoBodyText" style="margin-top:3.55pt;margin-right:0in;margin-bottom:
1.1pt;margin-left:0in;text-align:justify;line-height:115%;border:none;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">HIS LORDSHIP JUSTICE K.N. ADUAMA OSEI, JUSTICE<o:p></o:p>

</div>

<o:p>&nbsp;</o:p>

JUDGMENT<o:p></o:p>

</div>

This Suit was commenced by a Writ of Summons, with a Statement of Claim attached, which was issued in this Court on the 22nd
of April, 2009. The Plaintiff is a
citizen of Ghana and a lawyer by profession and he stated in his Statement of
Claim that in April, 2001, he was appointed to the governing Board of
the Bank of Ghana for a three-year term and in May, 2007, he was again
appointed to serve on the Board for another term of three years, commencing
from 1st May, 2007. His term on the Board was therefore to end on 30th April,
2010.<o:p></o:p>

<o:p>&nbsp;</o:p>

The Plaintiff said that on the 28th of January, 2009, he received a letter from
the Secretary of the Board notifying all members of the Board, including
himself, that by a presidential directive, all Boards of state institutions had
been dissolved, for which reason the
569th meeting of the Board of the Bank had been cancelled.&nbsp; According to the Plaintiff, upon receipt of
the said letter, he wrote to the Chief
of Staff of the Office of the
President disputing the validity of the President's action and requesting that the laws of the land regarding the terms of Boards of state institutions be complied
with. The Plaintiff said that he further
wrote to the 2nd Defendant about what he considered to be the illegal act of
the President and requested the 2nd Defendant
to convene a meeting of the
Board within 7 days, in spite of the
letter he had received on 28th January, 2009.<o:p></o:p>

<o:p>&nbsp;</o:p>

It was alleged by the Plaintiff in his Statement of Claim
that the 2nd Defendant failed or refused to convene
a meeting as requested by him.
Rather, by a letter dated the 15th
of April, 2009 and signed by the Secretary to the President, he and
other Board members were formally notified that His Excellency the President had
decided to withdraw the appointment of the Plaintiff and all other external Directors to the Board of
the Bank. The said letter, according
the Plaintiff, further stated that His Excellency the President had decided to appoint new members to the Board in accordance with section 8(d) of the Bank of
Ghana Act, 2002 (Ac</main>