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              ACTS OF GHANA

                      THIRD  REPUBLIC

 

COMMISSION OF INQUIRY (GHANA NATIONAL RECONSTRUCTION CORPS) INSTRUMENT, 1981 (CI 17)

ARRANGEMENT SECTIONS

Section

1. Appointment of Commission

2. Terms of Reference

3. Mode of Operation

4. Appearance of Counsel

5. Privileges and Immunities of Witnesses and Counsel

6. Expenses in Relation to Commission

7. Public Officers to Assist Commission

WHEREAS the President is satisfied that there should be appointed a Commission of Inquiry into the operations of the Ghana National Reconstruction Corps;

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 Ninth day of May, 1981.

Section 1—Appointment of Commission.

(1) There is hereby appointed a Commission of Inquiry consisting of the following persons—

Prof. E. Bortei Doku          ..         ..         ..         ..          ..             ..    Chairman

Dr. Kofi Ankomah, Ghana Institute of Management and Public Administration

(GIMPA)    ..           ..           ..         ..          ..          ..          ..          ..     Member

Dr. D. Adu Gyamfi, Consultant, Management Development and Productivity

Institute (MDPI)      ..           ..         ..         ..           ..          ..          ..     Member

Mr. S. A. Awuku-Boateng, Audit Service      ..           ..          ..          ..     Member

Mr. S. B. Asante, Deputy General Secretary, Ghana Agricultural Workers

Union   ..          ..       ..          ..          ..         ..           ..          ..          ..    Member

Mr. C. B.  Kpangkpari, Assistant Secretary, Ministry of Agriculture   ..    Secretary.

(2) The Commission shall at any time be deemed to be duly constituted if the Chairman and one other member are present.

Section 2—Terms of Reference.

The terms of reference of the Commission shall be—

(a) to investigate and determine the extent to which any labour force or personnel of the Corps had been engaged on private farming projects, assignments or for any other purposes other than official;

(b) to investigate and determine whether any farm machinery, plants and equipment, implements, tools or vehicles belonging to or meant for the Corps had been used for any private or unofficial projects, ventures or enterprises;

(c) to investigate and determine whether there had been any diversion for private or unauthorized use of any farm inputs such as fertilizer, seeds, seedlings, etc., belonging to or meant for the Corps;

(d) to investigate and determine whether any fictitious or “ghost names” had been used on the Corps’ payroll or whether any funds meant for payment of salaries/wages had been misused or diverted into private pockets;

(e) to determine which farms belonging to the Corps should be given to the inhabitants and residents in the farming area to be managed as Community Farms;

(f) to inquire into the circumstances surrounding the various purchases made at exorbitant prices, the carting of fertilizer and the recording of receipts;

(g) to investigate and determine whether any contracts for the supply of planting material and other inputs were properly awarded, and whether the contractors supplied the items they contracted to supply;

(h) to inquire into the expenditure on canteen development;

(i) to determine the impact made on the national economy and to propose measures to be taken to enable the Corps to realize its objectives and to be self-supporting;

(j) to inquire into other matter which appears to the Commission to be incidental to, or reasonably related to the foregoing and which in the opinion of the Commission ought to be investigated; and

(k) to submit within three months of its inauguration a report on its findings and recommendations to the President.

Section 3—Mode of Operation.

The Commission shall carry out inquiry in accordance with the provisions of article 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 counsel 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—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: 22nd May, 1981.

 

 

 

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