IN exercise of the powers conferred on the Provisional National Defence Council by subsection (1) of section 6 of the Provisional National Defence Council (Establishment) Proclamation (Supplementary and Consequential Provisions Law, 1982 (P.N.D.C.L. 42) this Instrument is made this 3rd day of August, 1992.

Section 1—Establishment of Committee.

There is hereby established a Committee of Inquiry to be known as “The Committee of Inquiry into the Dispute over the Installation of Osu Osiahene”, in this Instrument referred to as “the Committee”.

Section 2—Composition of Committee.

The Committee shall consist of the persons specified in the Schedule to this Instrument.

Section 3—Terms of Reference.

The terms of reference of the Committee are—

(a) to determine which of the two Osiahene-elect, namely Nii Ashong Omaboe and Nii Narku Dja Awu II alias Mr. A. E. Norteye should be deemed to be Osiahene in accordance with Osu custom and tradition;

(b) to make appropriate recommendation towards resolution of the issue of Osiahene of Osu in the event that none of the contestants is found qualified for consideration as Osiahene-elect;

(c) to state in unequivocal terms what it considers to be the Osu custom and tradition on the appointment and installation of Osiahene of Osu; and

(d) to submit its findings and recommendations to the Provisional National Defence Council.

Section 4—Staff of Committee.

The Provisional National Defence Council may provide the Committee with the services of such officers as the Committee may require for the discharge of its functions.

Section 5—Meetings of Committee.

(1) The Committee shall meet at such times and places as it may determine.

(2) The Committee may engage the services of any person during its meetings as its adviser.     

(3) Subject to the other provisions of this Instrument the Committee shall regulate its own procedure.

Section 6—Witnesses.

(1) The Committee may require any person—

(a) to attend at such time and place as may be indicated by the Committee, to give evidence or produce any document in his possession or control which relates to any matter indicated by the Committee; and

(b) to give the Committee any information or document that it may require for the purposes of any investigation before it.

(2) Any person who appears before the Committee under sub-paragraph (1) may be examined on oath or affirmation and the Committee may for that purpose administer the oath or affirmation.

Section 7—Offences.  

Any person who—

(a) refuses or wilfully neglects to attend or give evidence in obedience to a requirement by the Committee under sub-paragraph (1) (a) of paragraph 6;

(b) wilfully alters, suppresses, conceals, destroys or refuses to produce any document which he  is required to produce under sub-paragraph (1) (b) of paragraph 6; or

(c) refuses or wilfully neglects to furnish any information required under sub-paragraph (1) (b) of paragraph 6;

commits an offence and shall be liable on conviction to a fine not exceeding ¢50,000.00 or to imprisonment for a term not exceeding six months or to both.

Section 8—Commencement.

This Instrument shall be deemed to have come into force on the 13th day of June, 1989.

SCHEDULE

1.  Mr. Henry P. Nyemitei                    Chairman

2.  Mr. Harry P. Dodoo                        Member

3.  Mr. Simons A. Kwade                    Member

4.  Mr. John Allotei-Cofie                   Member

5.  Mr. Samuel K. Kotei                       Member/Secretary

FLT.-LT. JERRY JOHN RAWLINGS

Chairman of The Provisional National Defence Council
