DAVISON ADOM OBERY & ARHIN SUADWA ANTHONY
V.
IGP

(2016) JELR 107642 (HC)    
High Court  ·  SUIT NO.: AHR 4/2013 ·  4 Nov 2016 ·  Ghana
CORAM
DANIEL MENSAH
Core Terms Beta
plaintiffs
evidence
smugglers
court
defendants
1st plaintiff
burkina faso
2nd plaintiff
arrest
district commander
jelly cans
acp boadu peperah
divisional commander
duty post
smuggling of fuel
1st defendant
disciplinary board
divisional crime officer
evidence act
following facts
said officer
18th day of july
2nd plaintiff g
arrested smugglers
arrest of such person
bawku district of the ghana police service
check point
days confinement of the 2nd plaintiff
disciplinary action
district officers telephone number
divisional crime officers
donkey cart
following issues
immediate action
instant case
kind of evidence
plaintiff claim
police personnel
presence of the divisional commander
purported termination of contract of service
said evidence
said officers
see haliburys laws of england
service enquiry trial of the plaintiffs
service personnel of ghana police service
station officer
unauthorized person
unlawful arrest

J U D G M E N T 

The plaintiff claim is for: 

(a)A declaration by the court that their dismissal was unlawful and that same be set aside and Plaintiffs reinstated. 

(b)A declaration that the presence of the Divisional Commander as a witness at the service enquiry trial of the plaintiffs  Impugned against the rule of natural justice since he was a member of the Upper east Disciplinary Board that recommended the 14 days confinement of the 2nd plaintiff and their dismissal from  the service. 

(c)Any other relief that the court may consider appropriate. 

Per the claim filed by the plaintiffs in this court the following facts  emerged. 

The plaintiffs were service personnel of Ghana Police Service until their  dismissal from the service in 2012. Prior to this they were both stationed  at Bawku District of the Ghana Police Service in the Upper East Region of  Ghana. 

On the 18th day of July, 2010 the 1st plaintiff was at a check point at  Missiga when the 2nd plaintiff G/Constable Arhin called …

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