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COMMISSIONS OF INQUIRY
(IMPLEMENTATION OF FINDINGS)
DECREE, 1974 (NRCD 261)
ARRANGEMENT OF SECTIONS
Section
1. Power to dismiss or remove
persons.
2. Power to order and enforce
return of money or other property.
3. Notices to have the same effect
as Judgment of High Court.
4. Unpaid moneys to bear interest.
5. Application.
6. Interpretation.
IN pursuance of the National
Redemption Council (Establishment)
Proclamation, 1972 this Decree is
hereby made:
Section 1—Power to Dismiss or
Remove Persons.
(1) Where any Commission of
Inquiry has submitted any report
to the Government, and thereafter
the Government has published a
White Paper in respect of such
report and has in the White Paper—
(a) accepted a recommendation that
any person should be dismissed or
removed from any post; or
(b) recommended that any person
should be dismissed or removed
from any post,
the Chairman of the National
Redemption Council or any person
authorised by him may by notice
published in the Gazette declare
that any such person is summarily
dismissed or removed from his post
with effect from such date as may
be specified in the notice.
(2) A dismissal or removal under
this section shall have effect
notwithstanding any enactment or
rule of law to the contrary, and
in particular (without prejudice
to the generality of the foregoing
provisions) without recourse to
any disciplinary or other
procedures prescribed under any
other enactment.
(3) A person dismissed or removed
under this section shall be deemed
to have been dismissed or removed
for misconduct, and accordingly
his entitlement or eligibility to
emoluments, pension, gratuity or
other accrued rights shall be
affected in the same manner as if
he had been dismissed or removed
under any other enactment relating
to him.
Section 2—Power to Order and
Enforce Return of Money or Other
Property.
(1) Where any Commission of
Inquiry has submitted any report
to the Government, and thereafter
the Government has published a
White Paper in respect of such
report and has in such White
Paper—
(a) accepted a recommendation that
any person should refund any money
or restore property to any person
or body entitled thereto; or
(b) recommended that any person
should refund any money or restore
property to any person or body
entitled thereto,
the Attorney-General may order
that person by notice served on
him to refund the money or restore
the property to the person or body
specified in the notice within
such time as may be specified in
the notice.
(2) For the purpose of
implementing subsection (1) of
this section, where any person
holds any money, security or other
asset on behalf of or in trust for
a person on whom a notice has been
served under subsection (1), the
Attorney-General may by notice
served on such first-mentioned
person direct him to transfer such
money, security or other asset to
such other person and within such
time as the Attorney-General may
direct.
(3) Any person to whom an asset is
transferred in pursuance of this
section shall acquire good title
to such asset notwithstanding
anything to the contrary.
(4) Any person who—
(a) fails without reasonable
excuse (proof of which shall be
upon him) to refund any money,
restore any property or transfer
any asset in accordance with this
section; or
(b) disposes or attempts to
dispose of any asset in a manner
which may frustrate the
implementation of this section; or
(c) in any manner obstructs or
hinders the full implementation of
this section,
shall be guilty of an offence and
liable on summary conviction to a
fine not exceeding five thousand
cedis or to imprisonment not
exceeding five years or to both.
Section 3—Notices to Have the Same
Effect as Judgment of High Court.
For the purpose of securing the
refund of any money or the
restoration of any property under
subsection (1) of section 2, that
subsection shall operate as a
judgment or order of the High
Court in civil proceedings from
which there is no right of appeal;
and accordingly all the enactments
relating to the enforcement of
judgments or orders of the High
Court shall, with such
modifications as may be necessary
apply with respect to the
enforcement of that subsection as
they apply for the enforcement of
judgments or orders of the High
Court in civil proceedings.
Section 4—Unpaid Moneys to Bear
Interest.
Where, under any enactment for the
time being in force (whether
enacted before or after the
commencement of this Decree), any
person is made liable to pay any
money to the Republic or to any
other person or body as a result
of the findings of any Commission
of Inquiry, such moneys or any
part thereof shall until they are
paid bear interest at the rate of
10 per centum per annum to be
calculated in respect of each
completed month, with effect from
the commencement of this Decree or
the enactment creating the
liability, whichever is later.
Section 5—Application.
Sections 1 and 2 of this Decree
shall have effect in relation to
any White Paper whether published
before or after the commencement
of this Decree.
Section 6—Interpretation.
In this Decree—
"Commission of Inquiry" includes a
Committee of Inquiry;
"Inquiry" includes " Enquiry".
Made this 14th day of June, 1974.
COLONEL I. K. ACHEAMPONG
Chairman of the National
Redemption Council
Date of Gazette Notification: 21st
June, 1974.
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