Ratio DecidendiRatio DecidendiRatio Decidendi


(2017) JELR 69784 (HC)    
High Court  ·  SUIT NO. HR/00039/2015 ·  29 Mar 2017 ·  Ghana

Ratio Decidendi

Core Terms Beta
local government service
human resource management policy framework
disciplinary committee
free speech
legal basis
assistant director of the local government service
constitution of the disciplinary committee
inter alia
local government service council
conditions of service of the local government service
constitutional requirements
democratic society
oakes test
objective of that law
total overhaul of public sector
1st respondent
account of events
breach of the code of conduct
canadian proportionality test
conditions of service of staff
conduct of the applicant
disciplinary procedure
enforcement of his fundamental human rights
evidence of such publication
examination of the provisions of the law
exhibit c
first leg of the issue
following words
formation of the ngo progressive public servants
freedoms of others
freedoms of speech
ghanaian supreme court
head of the local government service
human rights court
important objective
interest of national security
learned counsel
necessary statutory steps
ngo progressive public servants
present application
proportionality of the rules
republic of ghana
second issue
second leg of the first issue
very nature of human rights
vindication of his human rights



Charles Ayuune Akurugu, the Applicant herein filed the present application on 22 - 12 - 2015 seeking the enforcement of his fundamental human rights and freedoms that he alleges the Republic of Ghana, acting through the Local Government Service, has breached. The Applicant, until his interdiction by the Service, was employed as Assistant Director of the Local Government Service and stationed in the Kumbungu District of the Northern Region of the Republic of Ghana.

The Applicant joined the Head of the Local Government Service to the Application, but upon application by the Attorney- General, the Court struck him out from the application as the 1st Respondent. Accordingly, the Attorney-General remains the only respondent for the purpose of the present application.

The Respondent vehemently contests the application with the filing of the affidavit in opposition on 13 – 7 – 2016.

In his affidavit in support of the application, the Applicant deposes in part but essentially as…

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