Commissions of Inquiry - Constitutional Law II

This set of flashcards summarizes key vocabulary and concepts related to Commissions of Inquiry as outlined in the 1992 Constitution of Ghana.

Commission of Inquiry

A body appointed under the constitution for investigating matters of public interest.

Public Interest

Defined in Article 295 of the Constitution to include any right or advantage benefiting the whole people of Ghana.

Appointment of Commission of Inquiry

Article 278(1) requires the President to appoint a commission when satisfied or upon advice from the Council of State.

Sole Commissioner

A person appointed as the sole member or chairman of a commission of inquiry.

Special Qualifications

Refers to specific expertise required for a person to be appointed to a commission according to Article 278(3).

Powers of a Commission of Inquiry

Under Article 279, a commission has rights similar to those of a High Court, including calling witnesses and examining documents.

Immunity from Civil Action

Article 279(2) protects commissioners from legal actions regarding their functions.

Functions of a Commission

Outlined in Article 280, including conducting a comprehensive inquiry and reporting findings.

Right of Appeal

Article 280(2) allows an individual to appeal adverse findings of a commission as if it were a High Court judgment.

Publication of Report

The President must publish a commission's report within six months unless otherwise stated, per Article 280(3).

Ghana @ 50 Commission of Inquiry

A specific case which involved adverse findings against public officials and raised questions about the jurisdiction of the courts.

Adverse Finding

A conclusion reached by a commission that negatively impacts an individual, treated as a judgment under certain conditions.

Judgment Effect of Commission Findings

Article 280(5) specifies that commission findings don't equate to High Court judgments unless certain conditions are met.

Finding of Fact

A conclusion drawn by a commission that must lead to prosecution by the Attorney General to have legal consequences.

Akainyah v. Republic

Case illustrating that a commission's findings are not binding, and prosecution must come from the Attorney General.

Darkwah v. Republic

The court held that the power of inquiry cannot lead directly to a legal punishment without further legal action.