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COMMISSION OF INQUIRY INTO
SPECIFIED BANKS INSTRUMENT, 1979
(CI 3)
ARRANGEMENT OF SECTIONS
Section
1. Appointment of Commission
2. Terms of Reference
3. Mode of Operation of Commission
4. Secretary
5. Appearance of Counsel
6. Privileges and Immunities of
Witnesses and Counsel
7. Expenses in relation to
Commission
8. Public Officers to Assist
Commission
SCHEDULE
Schedule
WHEREAS the President is satisfied
that there should be appointed a
Commission of Inquiry into the
procedure and criteria used by
certain specified State Banks for
the granting of loans and other
facilities to their directors,
employees and their relatives and
other matters connected therewith.
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 20th day of December,
1979.
Section 1—Appointment of
Commission.
(1) There is hereby appointed a
Commission of Inquiry consisting
of the following persons:—
Mr. Justice Azu Crabbe,
Mr. B. A. Yankson,
Dr. M. N. B. Ayiku, and
Mr. A. M. Naumann.
(2) The said Mr. Justice Azu
Crabbe shall be Chairman of the
Commission.
Section 2—Terms of Reference.
The terms of reference of the
Commission shall be
(a) to inquire into, investigate
and ascertain the procedure and
criteria used by each of the
financial institutions listed in
the Schedule to this Instrument,
for granting loans and other
facilities to their directors,
employees and their relatives;
(b) to ascertain and report on any
irregularities that might have
occurred with respect to the
granting of such loans and
facilities;
(c) to investigate the assets and
business interests of the senior
employees of each of the financial
institutions;
(d) to investigate the assets and
business interests of other
employees of the financial
institutions whose assets and
business interests the Commission
may think fit to so investigate;
(e) to investigate and report on
the administration and operation
of the said financial
institutions;
(f) to investigate any other
matter which appears to the
Commission to be reasonably
related to the foregoing and
which, in the opinion of the
Commission, ought to be
investigated; and
(g) to submit its report to the
President giving reasons for its
findings and making such
recommendations, including
recommendations for administrative
or legal action in respect of each
irregularity so discovered, as it
may consider necessary.
Section 3— Mode of Operation of
Commission
The Commission shall carry out its
inquiry in accordance with the
provisions of articles 197, 198
and 199 of the Constitution.
Section 4—Secretary
Dr. Victor Narh of the Ministry of
Finance and Economic Planning
shall be Secretary to the
Commission and shall perform such
administrative functions relating
to the work of the Commission as
the Commission may prescribe.
Section 5—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 6—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 7—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 8—Public Officers to
Assist Commission.
(1) The Attorney-General shall
appoint counsel for the
commission.
(2) The inspector-General of
Police shall detail officers to
attend upon the Common to serve
summonses on witnesses and to
perform such other functions
relating to the Commission as the
commissioners may direct.
SCHEDULE
1. Ghana Commercial Bank
2. Agricultural Development Bank
3. National Investment Bank
4. Social Security Bank
5. Bank for Housing and
Construction
6. Ghana Co-operative Bank
7. National Savings and Credit
Bank.
DR. HILLA LIMANN
President
Date of Gazette Notification: 21st
December, 1979.
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