REPUBLIC VRS. SOCIAL SECURITY AND NATIONAL INSURANCE TRUST AND ANOTHER EX-PARTE THOMPSON (J4/51/2021) [2022] GHASC 137 (15 June 2022)

REPUBLIC VRS. SOCIAL SECURITY AND NATIONAL INSURANCE TRUST AND ANOTHER EX-PARTE THOMPSON (J4/51/2021) [2022] GHASC 137 (15 June 2022)

The audit reports ET5 and ET6 did not constitute decisions affecting the appellant's rights, but were internal expert opinions not binding on any party. The appellant was given an opportunity to comment on all relevant findings via ET2 and ET3, satisfying the requirements of natural justice. No breach of the audi alteram partem rule occurred, and the application for certiorari and injunction was without merit both in law and fact.

Citation
[2022] GHASC 137
Parties
Applicant/appellant/appellant: Ernest Thompson; 1st Respondent/respondent/respondent: Social Security and National Insurance Trust; 2nd Respondent/respondent/respondent: Attorney-General
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
15 June 2022
Case Number
J4/51/2021
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal dismissed.
Legal Topics
Natural Justice, Audi Alteram Partem, Certiorari, Prohibitory Injunction, Supervisory Jurisdiction, Administrative Action, Human Rights
Source Language
English
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 the appellant a hearing before preparing and concluding audit reports ET5 and ET6 breached the audi alteram partem rule and natural justice
  2. 2 Whether the audit reports constituted decisions affecting the appellant's rights and were amenable to certiorari
  3. 3 Whether the application for judicial review was filed within time

Ratio Decidendi

The audit reports ET5 and ET6 did not constitute decisions affecting the appellant's rights, but were internal expert opinions not binding on any party. The appellant was given an opportunity to comment on all relevant findings via ET2 and ET3, satisfying the requirements of natural justice. No breach of the audi alteram partem rule occurred, and the application for certiorari and injunction was without merit both in law and fact.

Court Disposition

Appeal dismissed.

Orders

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