The Republic Vrs Social Security and National Insurance Trust & Anor [2022] GHASC 69 (15 June 2022)

The Republic Vrs Social Security and National Insurance Trust & Anor [2022] GHASC 69 (15 June 2022)

Audit reports ET5 and ET6 did not constitute binding decisions or actions affecting appellant's rights; appellant was given opportunity to comment on relevant findings via EOCO, satisfying the audi alteram partem rule. No breach of natural justice or Article 23 occurred. Certiorari and injunction are not available against internal audit opinions that do not alter rights. The appeal lacks merit both in law and on the facts.

Citation
The Republic Vrs Social Security and National Insurance Trust & Anor [2022] GHASC 69 (15 June 2022)
Parties
Applicant/appellant/appellant: Ernest Thompson; 1st Respondent/respondent/respondent: Social Security and National Insurance Trust; 2nd Respondent/respondent/respondent: Attorney-General
Court
ghasc
Jurisdiction
Ghana
Judgment Date
15 June 2022
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal dismissed
Legal Topics
Natural Justice, Audi Alteram Partem, Certiorari, Prohibitory Injunction, Supervisory Jurisdiction, Administrative Justice, Audit Reports
Source Language
eng
Administrative Law Constitutional Law Judicial Review Natural Justice Audi Alteram Partem Certiorari Prohibitory Injunction Supervisory Jurisdiction +2 more

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Parties

Ernest Thompson

Applicant/appellant/appellant

Social Security and National Insurance Trust

1st Respondent/respondent/respondent

Attorney-General

2nd Respondent/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether failure to give appellant a hearing before preparation and conclusion of audit reports ET5 and ET6 breached the audi alteram partem rule and appellant's rights under Article 23 of the Constitution
  2. 2 Whether audit reports containing adverse findings against appellant are amenable to certiorari and prohibitory injunction
  3. 3 Whether the judgments below were erroneous in law or against the weight of evidence

Ratio Decidendi

Audit reports ET5 and ET6 did not constitute binding decisions or actions affecting appellant's rights; appellant was given opportunity to comment on relevant findings via EOCO, satisfying the audi alteram partem rule. No breach of natural justice or Article 23 occurred. Certiorari and injunction are not available against internal audit opinions that do not alter rights. The appeal lacks merit both in law and on the facts.

Court Disposition

Appeal dismissed

Orders

  • Costs of GH₵ 5,000.00 awarded against Applicant/Appellant/Appellant in favour of 1st Respondent/Respondent/Respondent