C. I. 65
COMMISSIONS OF INQUIRY (PRACTICE
AND PROCEDURE) RULES, 2010
Administration
1.Powers
of the Commission
2.Independence
of the Commission
3.Meetings
of the Commission
4.Committees
of the Commission
5.Appointment
of staff
6.Public
and private hearings
7.Collection
of statements
8.Notice
of hearing
9.Response
to notice
10.Statement
of the Chairperson
11.Address
of lawyer for the Commission
12.Procedure
for examining witnesses
13.Privilege
of witness and indemnity
14.Compellable
witness, admission of
incriminating evidence
15.Production
of official documents
16.Representation
by lawyer at proceedings
17.Disclosure
of identity of applicants and
witnesses
18.Confidentiality
19.Completion
of report
20.Application
of Rules
21.Interpretation
COMMISSIONS OF INQUIRY (PRACTICE
AND PROCEDURE) RULES, 2010
IN EXERCISE of the powers
conferred on the Rules of Court
Committee by clause (2) of
article 281 of the Constitution,
these Rules are hereby made this
12th day of November, 2009.
Powers of a Commission
1. (1) A Commission of Inquiry
pursuant to clause (2) of
article 280 of the Constitution,
has the powers of the High Court
specified in article 279 of the
Constitution
(2) A Commission, for the
purposes of an inquiry,
(a)
shall have access to information
and records which relate to the
performance of the functions of
the Commission;
(b)
may visit an establishment or a
place in order to conduct an
Inquiry;
(c)
may question a person in respect
of a subject matter under
inquiry by the Commission;
(d)
may require a person to disclose
truthfully information within
that person's knowledge relevant
to a subject matter under
inquiry by the Commission;
(e)
may require a person to produce
a document or an article in
whatever form which, in the
opinion of the members of the
Commission, relates to an
inquiry under these Rules and
which is in the possession or
control of that person.
(3) A Commission shall have the
powers of the police for the
purposes of entry, search,
seizure and removal of a
document or an article relevant
to the inquiry by the
Commission.
(4) A Commission or a person
authorised by the Commission may
enter, search, seize and remove
a document or an article with a
search warrant or with the
consent of the occupier of the
premises.
(5) A document, an article or an
information obtained by the
inquiry shall not be made public
unless authorised by the
Commission.
(6) For the purposes of the
conduct of the proceedings, a
Commission has the power
(a)
to require a person to disclose
truthfully, an information
within the knowledge of that
person and which is relevant to
the proceedings;
(b)
to examine a witness on oath or
affirmation and to administer
the oath or affirmation;
(c)
to issue subpoena requiring the
attendance of a person before
the Commission and require the
production of an article, a
document or any other record
relevant to the proceedings;
(d)
to cause a person who refuses to
comply with an order or a
directive of the Commission or
acts in a manner contemptuous of
the Commission to be charged by
the Attorney-General with
contempt of court and for that
person to be tried by the High
Court; and
(e)
to require a person to fill a
form providing the information
required by and within the
period specified in the form.
Independence of the Commission
2.
(1) A Commission is, in the
performance of its functions,
independent and is not subject
to the direction or control of a
person or any authority.
(2) The members and staff of the
Commission
(a)
shall serve impartially and
independently, and
(b)
shall perform the functions of
office in good faith and without
fear, favour, bias or prejudice.
Meetings of the Commission
3.
(1) A Commission shall meet at
the times and at the places the
chairperson considers necessary.
(2) The chairperson shall
preside at the meetings of the
Commission
(3) Where a Commission consists
of more than three members,
(a)
the members shall elect one of
their number to preside at the
meeting of the Commission in the
absence of the chairperson,
(b)
the quorum at a meeting of the
Commission shall not be less
than three members, where there
are five members, nor less than
two-thirds of all of the members
of the Commission in any other
case,
(c)
a decision of the Commission
shall, as far as possible, be
taken by consensus or in the
absence of a consensus, by a
majority of the members, bur
where there is a tie in the
votes the chairperson shall have
a casting vote.
(4) Where a member of the
Commission discovers during a
meeting or the proceedings of
the Commission that the member
has or may have a financial or
personal interest in the matter
before the Commission which is
likely to cause a conflict of
interest for that member,
(a)
the member shall make a full
disclosure in writing of the
nature of the interest and shall
not be present during the
discussion of, or participate in
a decision on, the matter; and
(b) the disclosure shall
be entered in the record of the
proceedings.
(5) A member who does not comply
with subrule (4) ceases to be a
member of the Commission.
(6) Where a person ceases to be
a member under sub rule (5) the
chairperson shall inform the
President of the vacancy that
has occurred.
(7) The failure to disclose
interest as required by subrule
(4) shall not affect the
validity of the meeting nor of
the proceedings of the
Commission.
(8) Where a member fails to
disclose interest as required by
sub rule (4), the other members
of the Commission may review a
decision taken at the meeting or
during the proceedings at which
the defaulting member was
present.
Committees of the Commission
4. (I) A Commission may appoint
committees, consisting of
persons who are or are not
members of the Commission, to
perform a function of the
Commission assigned to the
committee by the Commission.
(2) A member of the Commission
shall be chairperson of a
committee of the Commission.
Appointment of staff
5. (1) The President shall
appoint for a Commission
(a)
a lawyer of not less than ten
years standing at the Bar to act
as the legal adviser to the
Commission, and
(b)
any other staff necessary to
provide administrative support
and assistance to the
Commission.
(2) The lawyer and the other
staff
(0)
shall hold office on the terms
and conditions specified in
their letters of appointment,
and
(b)
shall perform the functions
determined by the members of the
Commission.
Public and private hearings
6.
(1) The proceedings of a
Commission shall be held in
public, but the Commission may
for good reason have private
hearings.
(2) A person may apply to the
Commission to have a hearing
involving that person to be held
in private and the application
itself shall be heard in private
by the Commission.
(3) The Commission shall, in its
proceedings both in private and
in public, permit the presence
of
(a)
a person whose conduct is the
subject of the inquiry, and
(b) any other persons whose
presence the members of the
Commission consider necessary.
(4) Except where the Commission
for good reason directs
otherwise, in proceedings held
in private, the Commission shall
direct that,
(a)
information from the proceedings
shall not be made public, .
(b) a person shall not
disclose the identity of a
witness in the proceedings, and
(c)
the records of the proceedings
shall be kept in the manner that
will protect the identity of a
witness.
Collection of statements
7. (1) On the appointment of a
Commission, the chairperson
(a)
may establish an investigation
unit to which the Commission
shall assign the investigative
functions of the Commission, and
(b) may issue a statement
inviting the public to submit
memoranda. (2) A memorandum
submitted under sub rule (1)
shall contain
(a)
information in respect of the
matters which relate to the
subject matter of the inquiry,
(b)
a list of the documentary
evidence to support the
information provided under
paragraph (a) where
applicable,
(c)
certified true copies of the
relevant documents, and
(d)
an affidavit in support of the
matters referred to in paragraph
(a), (3) An investigation
unit established under subrule
(1) shall gather information
from persons who may wish to
appear before the Commission.
Notice of hearing
8.
(l) The lawyer for the
Commission shall,
(a)
within three weeks after the
appointment of the Commission,
or
(b)
at any time during the
proceedings of the Commission,
as is appropriate, serve a
notice to appear before the
Commission and give evidence to
a person
(i) whose conduct is the subject
of the inquiry, or
(ii) who has an interest,
personal or otherwise, in the
inquiry, or
(iii) who the members of the
Commission consider should
appear before the Commission to
give evidence.
(2) The notice shall
(a)
include a statement of the
reasons for the invitation and
the questions which the person
invited is likely to be required
to answer;
(b)
indicate clearly the place where
and the time at which or period
within which that person is
required to attend the inquiry,
(c)
state, in accordance with
article 282 of the Constitution,
the right of that person
(i) to be represented by a
lawyer of that person's choice,
and .
(ii) to be assisted by an expert
as is reasonably necessary for
the purpose of protecting that
person's interest; (d)
inform the person invited of the
requirement to submit
(i) a statement of that person's
case,
(ii) the records and documents
which that person intends to
rely on, and .
(iii) the names, addresses and
any other particulars of
witnesses, who that person
intends to call to support that
person's case, and
(e)
require the person invited to
state the name, address and any
other particulars of that
person's lawyer to enable future
communication to be sent to
that lawyer.
(3) For the purposes of these
Rules, the notice is duly served
if
(a)
it is sent by fax, or electronic
mail, or any other electronic
device, or .
(b)
it is delivered by hand, or
('C)
it is sent by registered mail
through the post, to the last
known address or place of
residence of the person required
to be served, or
(d)
it is published in a medium of
mass communication which has
national coverage or
circulation, or
(e)
in any other manner that the
Commission may direct.
Response to notice
9. (1) A person on whom a notice
of inquiry is served shall,
within two weeks after the
service, submit to the
Commission <;I.. response to the
notice.
(2) Where, before or at any
stage of the hearing it appears
to the members of the Commission
that a notice is defective, the
Commission shall give directions
for the amendment of the notice.
(3) Where the notice is amended,
the person invited to the
inquiry (a) shall be
served with the amendment, and
(b)
shall be given two weeks within
which to respond to the
amendment.
Statement of the chairperson
10.
The chairperson of a Commission
shall, before the formal taking
of evidence, address the public,
explaining the purposes of the
Commission.
Address by lawyer for the
Commission
11.
The lawyer for the Commission
shall, after the statement of
the chairperson, address the
Commission outlining the
evidence which would be placed
before the Commission.
Procedure for examining witness
12.
(1) The lawyer for the
Commission is responsible for
(a)
calling a witness for the
introd1llction of the statement
made to the Commission by the
witness as evidence before the
Commission,
(b)
the examination of the witness
on the statement made to the
Commission as given on oath by
the witness, and
(c)
the ie-examination of the
witness after the
cross-examination of the
witness by any other lawyer
appearing before the Commission.
(2) A lawyer or an expert
witness appearing for a person
whose conduct is the subject of
the inquiry and any other lawyer
appearing before the Commission
may cross-examine a witness
after the examination of the
witness by the lawyer for the
Commission having regard to
article 282 of the Constitution.
(3) The chairperson or any other
member of the Commission may
examine a witness after the
lawyers have cross-examinee' and
re-examined the witness.· •
Privilege of witness and
indemnity
13.
A witness appearing before a
Commission is entitled to the
same privileges to which a
witness before the High Court is
entitled.
Compellable witness, admission
of incriminating evidence
,
14.
(1) Subject to sub rule (2), in
proceedings before a Commission,
a person called as a non-target
witness or as an expert witness
shall be compelled to produce a
document or an article and to
answer a question with regard to
the subject matter of the
inquiry although the document,
article or answer may
incriminate that person.
(2) Where a person gives
incriminatory evidence under sub
rule (1), the evidence shall not
be used in criminal or civil
proceedings against that person.
Production of official documents
IS.
Article 135·of the Constitution,
which relates to the production
of official documents in a
Court, shall apply to
proceedings before a Commission
as it applies to proceedings
before a Court.
Miscellaneous
Representation by lawyer at
proceedings
.
16.
(1) A person who has been
subpoenaed or called to appear
before the Commission at a
hearing of the Commission may be
represented by a lawyer. ,
(2) The Commission may, in order
to expedite proceedings, place
reasonable limitations with
regard to the' time allowed in
respect of the cross-examination
of ~ witness ,or an address to
the Commission.
(3) The Commission may appoint a
lawyer to act on behalf of a
person appearing before it where
(a)
in the opinion of the members of
the Commission that person is
not financially capable of
appointing a lawyer, and
(b)
the members are of the opinion
that it is in the interest of
justice for that person to be
represented by a lawyer.
(4) A person referred to in
subrule (1) shall be informed of
the right to be represented by a
lawyer of that person's choice.
Disclosure of identity of
applicants and witnesses
17. (1) Subject to rule 6, a
Commission shall, with due
regard to the' purposes of these
Rules and the object and
functions of the Commission,
decide whether, and to what
extent, the identity of a person
who makes an application under
these Rules or gives evidence at
the hearing of the application
or at any other inquiry or
investigation under these rules
may be disclosed in a report of
the Commission. !~
. (2) A person who believes that
the personal safety of that
person"
may be jeopardized by a
disclosure made under these
Rules in the course of an
inquiry by a Commission, may
request the Commission to take
the measures that the members of
the Commission .consider
adequate for the protection of
that person.
Confidentiality
18. (I) A member of a Commission
and a member of the staff of the
Commission shall, with regard to
(a)
a matter dealt with by the
Commission or that member of
staff, or
(b)
information which comes to the
knowledge of the Commission or
the staff of the Commission in
the performance of the functions
of the Commission or of the
member of staff; preserve and
assist in the preservation of
those matters which are
confidential in terms of these
Rules or whieh have been
declared confidential by the
Commission.
(2) A person holding an office
or an appointment under the
Commission who is likely to
have access to confidential
information of the Commission
shall, before proceeding to
perform a function under these
Rules, take or subscribe to the
Oath of Secrecy set out in the
Second Schedule to the
Constitution.
(3) A Commission shall
determine the category of
persons to whom subrule (2) is
applicable.
(4) A member of a Commission
shall not, except
(a)
for the purposes of the
performance of functions, (b)
when required by a Court to
do so, or
(c)
under an enactment,
disclose to a person an
information acquired by the
member by reason of being a
member of the Commission.
(5) Subject to subrule (4) and
to rule 17, a person shall not
disclose or make known
information which is
confidential by virtue of a
provision of these Rules.
(6) A person who is not
authorised by the Commission
does not have a right of access
to information that is
confidential by virtue of these
Rules.
• (7) Subject to the Public
Records and Archives
Administration Act, 1997 (Act
535), the Commission shall, on
the conclusion of the
performance of its functions,
give directions as to the
treatment, storage, safekeeping
and disposal of the
information,· material, record
or document collected, gathered
or used by the Commission in the
course of the performance of
its functions.
(8) A member of a Commission
shall not
(a)
through association, statement,
conduct or in any' other manner
jeopardize the independence or
damage the credibility,
impartiality or integrity of the
Commission,
(b)
make use of or profit from
confidential information gained
as a result of the membership of
the Commission, or
(c)
divulge information relating to
the functions of the Com.
mission to any other person
except in the course of the
performance of the functions of
the member.
(9) A member of a Commission who
contravenes any of the
provisions of subrule (8)
commits an offence and is liable
on summary conviction to a fine
not exceeding five hundred
penalty units or to a term of
imprisonment not exceeding two
years or to both.
Completion of report
19.
(1) A Commission shall, within
sixty days of the conclusion of
the performance of its functions
submit its report to the
President to be dealt with in
accordance with clauses (3) to
(6) of article 280 of the
Constitution.
(2) The report shall comprise
the findings and recommendations
of the Commission and shall,
among others,
(a)
provide proper documentation and
establish the nature and causes
of the matters which form the
subject matter of the inquiry,
including
(i) the witnesses called before
the Commission, and (ii) the
findings, the recommendations
and the reasons for the findings
and the recommendations, and
(b)
provide an accurate historical
record of matters inquired into
by the Commission.
Application of Rules
20.
(1) A Commission may deviate
from the application of a
provision of these Rules where,
in the opinion of the members of
the Commission, strict adherence
to the provision is not
compatible with, ods not
essential to, the performance of
the functions of the Commission.
(2) Subject to these Rules, the
High Court (Civil Procedure)
Rules, 2004 (C.!. 47) shall
apply to the proceedings of a
Commission with the
modifications that are necessary
for the effective performance of
the functions of the
Commission.
(3) The modifications may be in
writing or verbal as determined
by the chairperson.
Interpretation
21.
In these Rules, unless the
context otherwise requires,
"chairperson" includes a sole
Commissioner appointed under
clause (2) of article 278 of the
Constitution; "Commission" means
a Commission appointed under
clause (1) of article 278 of the
Constitution;
"Court" means a court of
competent jurisdiction; .
. "document" includes a record
made or stored in physical or
electronic form and written,
electronic, audiotape,
videotape, digital
reproductions, photography,
maps, graphs, microfiche and any
other data or information
recorded or shared by means of
any other device;
"expert witness" means a court
expert within the meaning of
Order 26 of the High Court
(Civil Procedure) Rules, 2004
(Cr. 41);
"functions" includes powers and
duties; "inquiry" includes an
investigation;
"meetings" includes the
proceedings of a Commission;
"non-target witness" means a
person whose conduct is not the
subject of an inquiry by a
Commission, but
(a)
who is implicated, concer!1ed or
in any other manner affected in
a matter before a Commission, or
(b)
who has possession of a document
or an article or knowledge
material to the functions of the
Commission,
"target witness" means a person
(a)
whose act, conduct or omission
is the subject of th~ inquiry by
the Commission, and
(b)
who has possession of a document
or an article or knowledge
material to the functions of the
Commission,
"officer" means a member of the
Police Service not below ~he
rank
of inspector;
.
"search warrant" includes an
order in writing issued by a
Justice of the Superior Court of
Judicature, a Judge of a Circuit
Court or a Magistrate
(a)
OIi an affidavit or sworn oral
testimony, and'
(b)
in the name of the Republic or
of the Attorney - General,
directed to a police officer or
a person specified 'by the
Commission authorising that
officer or that pers0t: to
search for and seize any
property or document relating to
the subject matter of inquiry by
the Commission; and "witness"
includes an expert witness, a
non-target witness and a target
witness.
|
(Signed)
Hon. Mrs. Georgina Wood
Chief Justice
Chairperson
|
(Signed)
Hon. Mrs. Betty Mould-
Iddrisu Attorney-General
and Minister for Justice
Member
|
|
(Signed)
Hon. Justice William
Atuguba Justice of the
Supreme Court
Member
|
(Signed)
Hon. Mr. Justice 1. B.
Akamba Justice of the
Court of Appeal
Member |
|
(Signed)
Hon. Mr. Justice Senyo
Dzamefe Justice of the
High Court
Member |
(Signed)
Brigadier-General T.
Allotey Judge Advocate
General
|
|
(Signed)
D. R.
K. Sankah Esq.
Editor, Ghana Law
Reports
Member
|
(Signed)
Vincent Kizito Beyuo
Representative, Ghana
Bar Association
Member
|
|
(Signed)
Ms. Esine Okudzeto
Representative, Ghana
Bar Association
Member/Secretary
|
|
