LANCE CORPORAL PETER OFORI
V.
THE DIRECTOR GENERAL AND THE ATTORNEY GENERAL

(2010) JELR 65774 (HC)    
High Court  ·  SUIT NO. INDL 41/2009 ·  30 Mar 2010 ·  Ghana
CORAM
KWABENA ASUMAN-ADU
Core Terms Beta
plaintiff
service enquiry
legislative instrument
rules of natural justice
case
supreme court
director general of prisons
prisons service act
cases of misconduct
lance corporal
minister of interior
disciplinary procedures
second class officer
ghana prisons service
koforidua prisons
legal effect
conduct of disciplinary proceedings
high court
administrative justice
case of no.
fair trial
spite of the fact
accompanying statement of claim
administrative function
african examinations council
audi alterem partem rule
basic tenets of the natural justice rule
case of isaac aryee aryeequaye vrs
conduct of internal disciplinary proceedings
court shows
director general of ghana prisons service
disciplinary board
disciplinary committee
following cases
following issues
following reliefs
general damages
honourable court
legal means
order of the court
plaintiff peter ofori of the prisons service
prior notice of the allegation
reasonable doubt
respect of the trial of the plaintiff
routine procedures
said legislative instrument
said service enquiry sins
supreme law of the country
trial of the plaintiff

JUDGMENT

On 13th July 2009, the Plaintiff Peter Ofori of the Prisons Service issued out Writ of Summons against the Defendants for the following reliefs:

“(a) A declaration by this Honourable Court that since the Minister of Interior has not complied with Section 19 (3) of NRCD 46 of 1972, the service enquiry held at the Koforidua Prisons in which Plaintiff was found guilty and later reduced in rank from Lance Corporal to Second Class Officer is null and void and of no legal effect whatsoever;

(b) General damages for wrongful reduction of rank from Lance Corporal to Second Class Officer;

(c) An order of the Court directing the Defendants to restore Plaintiff to his rank and all outstanding salaries and benefits due to Plaintiff, be paid to her forthwith.”

In the accompanying Statement of Claim, the Plaintiff avers that he used to be a Lance Corporal working with the Ghana Prisons Service then stationed at Koforidua Prisons. He avers that whilst there he was invited by the authorities and i…

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