SAM-DEEN ALHASSAN AND JUDICIAL SERVICE [2012]DLCHRAJ6010

Date	2012-10-17
Suit No.	CHRAJ/224/2009/1748
Citation No.	[2012]DLCHRAJ6010

JOSEPH WHITTAL

[2012]DLCHRAJ6010
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													<main id="main" class="content" style="min-height: 60rem" >SAM-DEEN
ALHASSAN<o:p></o:p>(COMPLAINANT)<o:p></o:p>AND<o:p></o:p>JUDICIAL
SERVICE<o:p></o:p>(RESPONDENT)<o:p></o:p><p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
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31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(CHRAJ)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.0pt;
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<p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;text-indent:
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mso-border-shadow:yes">CHRAJ/224/2009/1748&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; &nbsp; &nbsp; 17-10-2012<o:p></o:p>

</div>COMMISSIONER:<o:p></o:p>JOSEPH WHITTAL DEPUTY COMMISSIONER, (LEGAL AND INVESTIGATIONS)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.0pt;
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<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
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mso-border-shadow:yes">DECISION<o:p></o:p>

</div>INTRODUCTION<o:p></o:p><p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;text-indent:
1.05pt;line-height:normal;mso-pagination:none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;
mso-border-shadow:yes">In a referral letter dated 11th May 2009, the Office of
the Vice President of the Republic of Ghana (the Office) requested the
Commission to investigate a complaint which alleged an instance of injustice
against the Complainant on grounds of his political affiliation.<o:p></o:p>COMPLAINANT'S
CASE<o:p></o:p>In the complaint, the Complainant stated that he was appointed as
a District | Magistrate in 1981 and posted to Adansi - Fomena and assigned
additional duties at the Obuasi District Court. According to the Complainant,
the then District Secretary of Obuasi, Mr. Kwasi Oppong Fosu, invited him to
preside over a Committee set up to probe the Adansi District Administration. To
this end, the Complainant requested for permission from the District
Administration for a temporary release to enable him preside over the Committee
but his request was not granted. He therefore opted for the position of an
ordinary member and sat with the Committee in the afternoon when the court had
closed. The Complainant explained that because he decided to work with the
Committee, the Respondent transferred him from the Adansi-Fomena District Court
to Akim Ofoase District Court in the Eastern Region.<o:p></o:p>He also stated that when the 1992 Constitution came into force,
his appointment was changed to a Chairman of the Community Tribunal and was
transferred to Akim-Oda. According to the Complainant, His Lordships; Justice
Apaloo, Archer and Abban commended him for his diligence and honesty to
service. The Complainant explained further that in 2002, the Courts Act was
amended and the Community Tribunal system was replaced with the Career
Magistrates programme causing him to apply for study leave with pay to pursue a
Professional Law programme at the Ghana School of Law. Instead, the Respondent
offered him study leave without pay. The Complainant claimed he was unable to
pursue the programme due to the high cost of living and the increase in the
tuition fees. He therefore applied for the Career Magistrate programme which
offered monthly allowance to participants. He petitioned the Judicial Council
for consideration to pursue the Career Magistrate programme but his petition
was rejected on grounds of his age. He further claimed that the age limit was
dropped the following year and he reapplied for the programme. He participated
in the entrance examination and was subsequently invited for an entrance
interview.<o:p></o:p><p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;text-indent:
2.4pt;line-height:normal;mso-pagination:none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;
mso-border-shadow:yes"><a name="_gjdgxs"></a>According to the Complainant,
questions asked by the interview panel were personal and not related to the
programme. For instance, he was told that he was affiliated to the National
Democratic Congress and a friend to the former President, Jerry John Rawlings.
He also claimed that the interview panel pressurised him to denounce his
friendship with the former President, Jerry John Rawlings. The panel also
challenged his nationality. He considered the events that transpired at the
interview as unjust and argued that the panel's decision to refuse him
admission was as a result of the answers that he gave at the interview. He also
disclosed that the panel's action led to his premature retirement from the
Judicial Service.<o:p></o:p>The Complainant therefore requested for the Commission's
assistance for reinstatement as a Magistrate or be considered for a registrar's
position or be paid an end of service benefits.<o:p></o:p>RESPONDENT'S
CASE<o:p></o:p><p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;text-indent:
1.4pt;line-height:normal;mso-pagination:none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;
mso-border-shadow:yes">In the comments received from the Ghana School of Law, Professor
Justice A. K.P. Kludze, who was the Director for the Career Magistrate
programme stated that he was a member of the panel which conducted interviews
for admission into the Career Magistrate programme and none of the candidates
was ever denied or granted admission on the grounds of the person's political
affiliation. He explained that admissions into the Career Magistrate programme
had been on merit.<o:p></o:p><p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;text-indent:
1.4pt;line-height:normal;mso-pagination:none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;
mso-border-shadow:yes">Comments received from the Judicial Service indicated that the
Complainant was appointed as a District Magistrate Grade 11 on 17th
November 1981 and posted to Fomena District Court in the Ashanti Region. The
Complainant's terms of los employment were a limited engagement for a period of
one year and renewable yearly upon reapplication. By the terms of engagement,
the Judicial</main>