 ARRANGEMENT OF SECTIONS

Section

1. Appointment of Commission.

2. Chairman of the Commission.

3. Terms of Reference of the Commission.

4. Mode of Operation.

5. Secretary.

6. Expenses of the Commission.

7. Police Officers to Assist the Commission.

IN exercise of the powers conferred on the President by article 165 of the Constitution this Instrument is made this 16th day of October, 1971.

Section 1—Appointment of Commission.

There is hereby appointed a Commission consisting of the following members:—

Mr. E. M. A. Ablorh, Legal Practitioner;

Mr. I. C. Antwi, Kumasi;

Mr. K. O. Suglo, Education Officer, Bolgatanga.

Section 2—Chairman of the Commission.

The said Mr. E. M. A. Ablorh shall be the Chairman of the Commission.

Section 3—Terms of Reference of the Commission.

The terms of reference of the Commission are:—

(a) to inquire into the causes of the disturbances at Samreboi in the Western Region in March, 1970 involving workers of the African Timber and Plywood Limited, Samreboi; and

(b) to report its findings to the President, making such recommendations as the Commission may think fit.

Section 4—Mode of Operation.

The Commission shall carry out its inquiry in accordance with the provisions of articles 166, 167 and 168 of the Constitution.

Section 5—Secretary.

Mr.B. G. Nuertey, Assistant Principal Immigration Officer, shall be Secretary to the Commission.

Section 6—Expenses of the Commission.

(1) Any witness summoned by the Commission shall be entitled to such allowances as are payable to a witness summoned by the High Court in a criminal trial.

(2) The Prime Minister may, with the approval of the Cabinet, authorise the payment of such remuneration (if any) as the Cabinet may decide to members of the Commission, the Secretary and to any other person employed in connection with the work of the Commission.

Section 7—Police Officers to Assist the Commission.

The Inspector-General of Police shall detail Police officers to attend upon the Commission to preserve order during the proceedings of the Commission, to serve process on witnesses and to perform  such other functions relating to the work of the Commission as the Commission may direct.

E. AKUFO-ADDO

President

 

 

FUNDAMENTAL HUMAN RIGHTS ENFORCEMENT (PROCEDURE) RULES, 1971 (CI 21)

ARRANGEMENT OF SECTIONS

Section

1. Application of Rules.

2. Manner of Application.

3. Time for Submitting Application.

4. Answer.

5. Evidence.

6. Appearance of Counsel, etc.

7. Court to Issue Directions, Orders, etc.

8. Appeal to Court of Appeal.

9. Notice of Appeal.

10. Service of Notice of Appeal.

11. Appeal to Supreme Court.

12. Enactments Relating to Civil Proceedings to Apply to Proceedings under these Rules.

13. Supreme Court, Court of Appeal and High Court to give Directions.

IN exercise of the powers conferred on the Rules of Court Committee by clause (4) of article 28 of the Constitution these Rules are made this 3rd day of July, 1971.

Rule 1—Application of Rules.

(1) These Rules shall apply where any person alleges that any of the provisions of articles 12 to 27 of the Constitution has been, or is being or is likely to be contravened in relation to him.

(2) Such a person may apply to the High Court of Justice (in these Rules referred to as "the Court") for redress.

Rule 2—Manner of Application.

(1) A person applying to the Court for redress shall submit four copies of a petition in that behalf signed by him or by his counsel.

(2) The petition shall state—

(a) the full name and address of the petitioner;

(b) the matter which he requires the Court to determine;

(c) the grounds for such request and the law, if any, on which the request is based;

(d) details of any facts in support of his case; and

(e)  such other matters as the Court may direct.

(3) A copy of the petition shall be served on the Attorney-General and on such other persons as the Court may direct.

Rule 3—Time for Submitting Application.

A petition under Rule 2 of these Rules shall be submitted to the Registrar of the Court within fourteen days after the alleged contravention:

Provided that in the case of a continuing contravention the petition may be submitted at any time before the expiration of fourteen days from the termination of the contravention.

Rule 4—Answer.

(1) Any person upon whom a petition is served under Rule 2 (3) of these Rules shall within fourteen days after service upon him of the petition, submit to the Court an answer to the petition which shall be served on the Attorney-General, the petitioner and such other persons as the Court may direct.

(2) The answer shall state details of any facts and the law, if any, on which the person submitting the answer relies in support of his case as well as such other matters as the Court may direct.

Rule 5—Evidence.

(1) Any party to the proceedings shall. be entitled to call any witness in support of his case.

(2) The Court may call any witness whose evidence is, in the opinion of the Court, likely to be relevant to the proceedings before it.

(3) The Court may also receive evidence by affidavit.

Rule 6—Appearance of Counsel, Etc.

Any party to the proceedings or any person on whom the petition is served under Rule 2 (3) of these Rules shall be entitled to appear in person or by counsel.

Rule 7—Court to Issue Directions, Orders, Etc.

The Court shall issue such directions, orders or writs or orders in the nature of habeas corpus, certiorari, mandamus, prohibition or quo warranto as it may consider appropriate for the purposes of enforcing or securing the enforcement of any of the provisions of the said articles 12 to 27 of the Constitution to the protection of which the petitioner is entitled.

Rule 8—Appeal to Court of Appeal.

Any person aggrieved by a decision of the Court may within ten days after such decision appeal to the Court of Appeal.

Rule 9—Notice of Appeal.

(1) An appeal under Rule 8 of these Rules shall be brought by notice filed in the Court which shall set forth the grounds of appeal and state the nature of the relief sought and the names and addresses of all persons directly affected by the appeal.

(2) Sufficient number of copies of the notice shall be supplied to the Registrar for use by the Court and for service under Rule 10.

Rule 10—Service of Notice of Appeal.

The Registrar of the Court shall after the notice of appeal has been filed cause to be served a copy thereof upon such of the persons mentioned in the notice of appeal.

Rule 11—Appeal to Supreme Court.

Any person aggrieved by any decision of the Court of Appeal under these Rules may in pursuance of clause (3) of article 28 of the Constitution appeal from such decision to the Supreme Court within thirty days after the decision.

Rule 12—Enactments Relating to Civil Proceedings to Apply to Proceedings under these Rules.

(1) Subject to these Rules, any enactment for the time being in force and applicable to the conduct of civil proceedings before the High Court of Justice shall, with such modifications as the Court may determine, apply to proceedings under these Rules before it.

(2) Subject to these Rules, any enactment for the time being in force and applicable to the conduct of civil appeals before the Supreme Court or the Court of Appeal shall apply respectively to appeals under these Rules before any such Court and subject to such modifications as that Court may determine.

Rule 13—Supreme Court, Court of Appeal and High Court to give Directions.

The Supreme Court, the Court of Appeal and the High Court shall each have power to give such directions in respect of proceedings brought before it under these Rules as the justice of the case may require.

E. A. L. BANNERMAN

Chairman

G. S. LASSEY

Justice of Appeal, Member

NENE AZZU MATE KOLE

Councillor of State, Member

JAMES MERCER

Member

SIMON K. SOTOMEY

Member

S. K. TETTEH

Member

KOI O. LARBI

Justice of the Supreme Court, Member

VICTOR OWUSU

Attorney-General, Member

R. J. HAYFRON-BENJAMIN

Justice of the High Court, Member

J. QUASHIE-IDUN

Member

JOE REINDORF

Member

E. S. AIDOO

Judicial Secretary, Secretary

Date of Gazette Notification: 21st July, 1971.