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COMMISSION OF INQUIRY (YENDI
EVENTS) INSTRUMENTS, 2002 (CI 36)
As amended
ARRANGEMENT OF PARAGRAPHS
Paragraph
1. Appointment of Commission.
2. Terms of Reference of
Commission.
3. Mode of Operation of
Commission.
4. Secretary and Counsel to the
Commission.
5. Appearance by Lawyer.
6. Privileges and Immunities of
Witness and Lawyer.
7. Expenses in Relation to
Commission.
8. Public Officers to Assist
Commission.
WHEREAS the president is satisfied
that it is in the public interest
that there should be appointed a
Commission of Inquiry into the
events and the resultant deaths
and injuries of persons which
occurred in Yendi in the Dagbon
Traditional Area of the Northern
Region between 25th and 27th March
2002.
NOW THEREFORE, in exercise of the
powers conferred on the President
of the Republic by clause (1)(a)
of article 278 of the
Constitution, this Instrument is
made this 25th day of April 2002.
Paragraph 1—Appointment of
Commission.
There is appointed by this
Instrument a Commission of Inquiry
composed of
Mr. Justice I. N. K. Wuaku
- Chairman
Prof. Kwesi Yankah
- Member
Mrs. Florence
Brew -
Member
Paragraph 2—Terms of Reference of
Commission.
The terms of reference of the
Commission are
(a) to make a full, faithful and
impartial inquiry into the
circumstances of and establish the
facts leading to the events and
the resultant deaths and injuries
in Yendi in the Dagbon Traditional
Area of the Northern Region
between 25th and 27th March 2002;
(b) to identify those responsible
for the events and resultant
deaths and injuries of persons and
to recommend appropriate sanctions
or actions against any person
found to have caused, been
responsible for or been involved
in the violence and the resultant
deaths and injuries;
(c) to inquire into any matter
which the Commission considers
incidental or reasonably related
to the events and the resultant
deaths and injuries;
(d) to submit, not later than the
31st of August 2002, its report to
the President giving reasons for
its findings and
recommendations.[As substituted by
Commission of Inquiry (Yendi
Events) (Amendment) Instrument,
2002 (CI 37)].
Paragraph 3—Mode of Operation of
Commission.
The Commission shall carry out its
inquiry in accordance with
articles 279, 280 and 281 of the
Constitution.
Paragraph 4—Secretary and Counsel
to the Commission.
There shall be a Secretary and
Counsel to the Commission, who
shall be appointed by the
President and who shall perform
such functions as the Commission
may direct.
Paragraph 5—Appearance by Lawyer.
(1) Any person whose conduct is
the subject of inquiry by the
Commission or who is in any way
implicated, concerned in, or has a
legitimate interest in a matter
under investigation by the
Commission shall be entitled to be
represented by a lawyer at the
inquiry.
(2) Any other person who considers
it desirable that he or she should
be represented by a lawyer or any
other expert may be allowed by the
Commission to be so represented.
Paragraph 6—Privileges and
Immunities of Witness and Lawyer.
A
witness or lawyer appearing before
the Commission shall be entitled
to the same privileges and
immunities as a witness or lawyer
appearing before the High Court.
Paragraph 7—Expenses in Relation
to Commission.
(1) A 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 person
employed in relation to the
functions of the Commission may be
paid such travelling, sitting and
other allowances as the President
may approve, on the
recommendations of the Minister
responsible for Finance.
Paragraph 8—Public Officers to
Assist Commission.
The Attorney General shall assign
officers to attend upon the
Commission, to serve summons on
witnesses and to perform such
other functions relating to the
Commission as the Commission may
direct.
JOHN AGYEKUM KUFUOR
President of the Republic
Date of Gazette Notification: 26th
April, 2002.
amended
by
COMMISSION OF INQUIRY (YENDI
EVENTS) (AMENDMENT) INSTRUMENT,
2002 (CI 37).
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