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WHEREAS the
President is
satisfied that it is
in the public
interest that there
should be appointed
a Commission of
Inquiry into
payments made from
public funds, for
and on behalf of the
State arising from
judgment debts,
arbitration awards,
negotiated
settlements and
related processes;
NOW THEREFORE in
exercise of the
powers conferred on
the President under
clause (1) (a)
of article 278
of the 1992
Constitution, this
Instrument is made
this 8th
day of October,
2012.
Appointment of
Commission
1. There is hereby
appointed by this
Instrument a
Commission of
Inquiry.
Membership of
Commission
2. The Sole
Commissioner of the
Commission is
Justice Yaw Appau,
Justice of the Court
of Appeal.
Secretariat of the
Commission
3. There shall be
established a
Secretariat of the
Commission to be
staffed as
determined by the
Sole Commissioner.
4. The staff of the
Secretariat shall be
appointed by the
President and shall
perform the
functions that the
Sole Commissioner
shall direct.
Mode of Operation of
Commission
5. The Commission
shall carry out its
inquiry in
accordance with
Chapter 23 of the
1992 Constitution,
the Commissions of
Inquiry (Practice
and Procedure)
Rules, 2010 (C.I.65)
and this Instrument.
6. The Commission
may co-opt the
services of such
persons as it deems
fit for the proper
execution of its
mandate.
Terms of reference
7. The terms of
reference of the
Commission are
(a)
to ascertain the
causes of any
inordinate payments
made from public
funds in
satisfaction of
judgment debts since
the commencement of
the 1992
Constitution;
(b)
to ascertain the
causes of any
inordinate payments
from public funds
and financial losses
arising from
arbitration awards,
negotiated
settlements and
related processes
since the
commencement of the
1992 Constitution;
and
(c)
to make
recommendations to
the Government for
ensuring that, as
far as practicable
(i) the instances
where public funds
are utilised to make
payments in
satisfaction of
judgment debts and
public debts arising
from related
processes are
limited or avoided;
and
(ii) Government does
not incur undue
financial losses
when it does
business with
private persons or
institutions.
Public officers to
assist the
Commission
8.
The President may,
upon the
recommendation of
the Commission,
assign such officers
from the Public
Services to the
Commission, as may
be required for the
functions of the
Commission.
9. Without limiting
the generality of
regulation 8 the
President upon the
recommendation of
the Commission,
shall cause to be
assigned to the
Commission, such
security personnel
as may be necessary
for the proper
functioning of the
Commission.
Engagement of
consultants
10.
The Commission may
engage consultants
to advise it as it
deems necessary for
the performance of
its functions.
JOHN
DRAMANI MAHAMA
President of the
Republic of Ghana
Date of Gazette
notification:
8th October, 2012
GPCLl ASSEMBLY
PRESS, ACCRA. GPCLI
A805/800/1112012
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