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              ACTS OF GHANA

                      THIRD  REPUBLIC

 

COMMISSION OF INQUIRY (GHANA ATOMIC ENERGY COMMISSION) INSTRUMENT, 1980 (CI 11)

ARRANGEMENT OF SECTIONS

Section

1. Appointment of Commission

2. Terms of Reference

3. Mode of Operation of Commission

4. Appearance of Counsel

5. Privileges and Immunities of Witnesses and Counsel

6. Expenses in relation to Commission

7. Secretary of Commission

8. Public Officers to Assist Commission

WHEREAS the President is satisfied that there should be appointed a Commission of Inquiry into the affairs of the Ghana Atomic Energy Commission;

NOW THEREFORE, in exercise of the powers conferred on the President by clause (1) of article 196 of the Constitution, this Instrument is made this 2nd day of May, 1980.

Section 1—Appointment of Commission.

There is hereby appointed a Commission of inquiry consisting of Mr. A. K. DUKER, Managing Director, Electricity Corporation, Ghana.

Section 2—Terms of Reference.

The terms of reference of the Commission shall be—

(a) to enquire into the circumstances leading to the termination of the appointments of Messrs. J. M. C. Winful, H. E. Dinku, Opata Mate—Kole and any  other members of staff of the Ghana Atomic Energy Commission by the Management Committee since January, 1979, and in this connection, to determine the propriety or otherwise of the termination;

(b) to investigate the reasons for the failure of the Management Committee to reinstate or comply with any other directives in respect of the persons named in sub-paragraph (a) as directed by Government;

(c) to ascertain whether Professor J. E. O. Lindsay has resumed duty following his dismissal by the Armed Forces Revolutionary Council as Secretary to the Ghana Atomic Energy Commission and the authority for his reinstatement;

(d) to enquire into management and staff relations generally in the Ghana Atomic Energy Commission;

(e) to enquire into any other matter which is reasonably related to the foregoing, including any grievances of the staff of the Ghana Atomic Energy Commission and which in the opinion of the Commission ought to be investigated; and

(f) to submit a report on its findings and conclusions to the President, making recommendations on such findings in particular and as will help to restore good relations between the management and staff of the Ghana Atomic Energy Commission.

Section 3—Mode of Operation.

The Commission shall carry out its inquiry in accordance with the provisions of articles 197, 198 and 199 of the Constitution.

Section 4—Appearance of Counsel.

1. Any person whose conduct is the subject of inquiry by the Commission or who is in any way implicated or concerned in any matter under investigation by the Commission shall be entitled to be represented by Council at the inquiry.

2. Any other person who may consider it desirable that he should be represented by Counsel may be allowed by the Commission to be so represented.

Section 5—Privileges and Immunities of Witnesses and Counsel.

A witness or counsel appearing before the Commission shall be entitled to the same privileges and immunities as a witness or counsel appearing before the High Court.

Section 6—Expenses in Relation to 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 Chairman and other members of the Commission and any persons employed in relation with the functions of the Commission may be paid such travelling, sitting and other allowances, if any, as the President may approve on the recommendations of the Minister responsible for Finance.

Section 7—Secretary of Commission.

Mr. S.G. Okraku, Principal Assistant Secretary, Office of the President, shall act as Secretary to the Commission.

Section 8—Public Officers to Assist Commission.

1. The Attorney-General shall appoint counsel for the Commission.

2. The Inspector-General of Police shall detail Police Officers to attend upon the Commission to serve summonses on witnesses and to perform such other functions relating to the Commission as the members of the Commission may direct.

DR. HILLA LIMANN

President

Date of Gazette Notification: 9th May, 1980.

 

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