An Accra High Court has ruled that a decision by Ghana’s President J.E.A. Mills to interdict and institute punitive sanctions against a former chief director at the Ministry of Sports is a breach of natural law. The court presided over by Justice S.K.E Asiedu, has therefore quashed the president’s directive for failing to follow due administrative processes in the case involving Mr Albert Ampong, the former chief director.
According to the court, President Atta Mills went overboard with his order, explaining that the decision to carry any punitive action against a civil servant lies with the Civil Service Council and not the presidency.
Mr Albert Ampong was sanctioned by the president following a complaint about alleged corruption involving the then sector minister, Mohammed Muntaka Mubarak, which resulted in the resignation of the Minister.
The former chief director went to court seeking a reversal of the directive.
According to a report by Joy FM, the presiding judge observed that if there is any adverse finding they should have been directed at the resigned minister.
Justice Asiedu further stated that the investigative body, the National Security Committee, called Mr Ampong as a witness in the corruption allegations against Muntaka Mubarak and that Ampong was not the object of the investigation.
It was also noted that the directive against Mr Ampong was unfair because he was not given fair hearing by the committee.
Justice Asiedu also quashed a directive that the complainant should pay $20,000.
The court, however, noted that Mr Ampong has not been absolved from any wrong doing, but the due process should be followed.
The case has subsequently been remitted to the Civil Service Council as the mandated body for consideration.