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Admin Law Lectures 2

The document outlines the curriculum for Administrative Law lectures at KNUST, covering key topics such as the definition, nature, and historical development of administrative law in Ghana, as well as the types of agencies and administrative actions. It also includes objectives for each lecture, discussions on delegated legislation, and the control mechanisms for delegated powers. Further reading materials are provided to support the course content.

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0% found this document useful (0 votes)
10 views

Admin Law Lectures 2

The document outlines the curriculum for Administrative Law lectures at KNUST, covering key topics such as the definition, nature, and historical development of administrative law in Ghana, as well as the types of agencies and administrative actions. It also includes objectives for each lecture, discussions on delegated legislation, and the control mechanisms for delegated powers. Further reading materials are provided to support the course content.

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afra
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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You are on page 1/ 54

ADMINISTRATIVE LAW

LECTURES (LL.B)
Part 1 & 2

Oswald K. Seneadza
Faculty of Law, KNUST
AREAS TO BE COVERED INCLUDE THE
FOLLOWING:
PART I
Lecture1: INTRODUCTORY TOPICS IN ADMINISTRATIVE LAW
(1:1) Definition, Nature and Scope of Administrative Law
(1:2) Historical Development of Administrative Law in Ghana
(1:3) Types of Agencies Susceptible to Regulation
(1:4) Types of Administrative Actions
Lecture 2: Delegated Legislation
Lecture 3: Judicial Review of Administrative Decisions
Lecture 4: The Rules of Natural Justice

PART II
Lecture 5: Institutions of Administrative Justice
(5:1) Tribunals
(5:2) Commissions of Inquiry
(5:3) CHRAJ
(5:4) EOCO
Lecture 6: Public Interest Immunity
Lecture 7: The Exercise of Discretionary Power by State/ Public Officials
CONSULTS FOR FURTHER READING

 A. W. Bradley and K. D. Ewig, Constitutional and


Administrative Law 4th Edn. Pp. 603 – 758, U. K. 1993.
 David Stott & Alexandra Felix, Principles of
Administrative Law, London, 1997
 H. W R. Wade, Administrative Law, 4th edition, Oxford
1982.
 John Alder, General Principles of Constitutional and
Administrative Law, 4th edition, 2002.
 S.A. de Smith, Constitutional and Administrative Law, 4th
edition, 1981.
 Oswald K. Seneadza, Introduction to Administrative Law
in Ghana, for LLB/LLM Students, 2018, Print-Tek Pp241
 Oswald. K. Seneadza, Administrative Law: An Imperative
Tool for the University Administrator, UpK, KNUST, 2015.
Lecture 1

INTODUCTORY TOPICS IN
ADMINISTRATIVE LAW
Objectives
At the end of this chapter you should be able to:
 explain what is meant by administrative law and
constituent elements;
 understand the differences between administrative and
constitutional law;
 trace the development of administrative law in Ghana
 identify the sources and limitations of administrative
power;
 Appreciate the types of administrative actions and
disputes.
(1:1) DEFINITION, NATURE AND SCOPE
(i) What is Administrative Law?
 Administrative law is the body of rules, regulations and orders formulated
by government bodies which governs the activities of administrative
agencies of government, the substantive rules that such agencies make, the
procedures they follow and the legal relationships between such agencies,
other government bodies and the public at large.
 Administrative law is the body of law and legal work that
deals with government agencies. Lawmakers create
government agencies to carry out laws and administer the
functions of government. These agencies create, implement
and enforce regulations. All of the work that goes into these
activities falls under the category of administrative law
 Administrative law is considered as a branch of public law and a
subordinate branch of Constitutional Law.

 See, also definitions by Felix Frankfurter; Wade & Forsyth; Cane &
McDonald, in O.K Seneadza’s Introduction to Administrative Law in
Ghana, pages 1 and 2.
(ii) The differences & Similarities between
Constitutional Law and Administrative Law
Differences:
 By subject area: Constitutional law is wider in
Subject area (scope) than administrative law.
 By sources of law: CL comes from the
Constitution while AL comes from delegated
legislations and decisions of Administrative
bodies
 By scope: Constitutional law deals with the
structure of the government while administrative
law is concerned with the functions and exercise
of powers by administrative authorities.
 By systems of law: Roman Civil Law & the
Common Law (see, pages 9 to 12, O.K. Sneadza).
Similarities
There are, however, similarities between
both subjects, some of which are:
 They both deal with the application of
constitutional law and powers and their
administration.
 The same set of principles, rules and
maxims apply to both of them.
 They both provide remedies for breach of
rights of an aggrieved person.
 They both make use of judicial
precedents or case law.
(iii) The four pillars of administrative law
1) The Constitution - e.g, Art. 23 of the 1992 Constitution
provides, “Administrative bodies and Officials shall act
fairly and reasonably…persons aggrieved by the
exercise of such act and decisions shall have the right to
seek redress before a court or other tribunal.”
2) The statutory provisions (primary and secondary
legislations) – establishing government agencies
3) Judicial decision (cases establishing precedents)
- appeal cases from administrative tribunals, CHRAJ,
traditional leaders and other adjudicators.
4) Legal theories of administration law –philosophies of
law (the “why” and “why not”). They give meaning to
the law and its amendment and development.
(iv) Sources of Administrative Power
Governments and public bodies derive their power from these
sources:
1) Prerogative (exclusive authority) – normally not subject to
judicial review (see, some cases p.19)
• Prerogative of mercy: Art 72(1) of 1992 Constitution
2) Statutory law (delegated legislations) – can be challenged
where they contravene any provision of the 1992 Constitution.
3) Decisions by public authorities – but where decisions are
ultra vires or do not follow laid down procedures can be
reviewed by the courts.
Read: Distinction between “Power” &
“Duty”(p.16-17)
Classification of Power (executive, legislative, judicial, p.21)
Limitations of Power (consultation, delegation, hearing right)
1:2 HISTORICAL DEVELOPMENT
Administrative law in England dates back to 1589 (Rook v Whither) at the same
time with the appearance of the following events – to control and regulate the
increasing State power and role(duty) in the welfare of the individuals:
(i) With the advent of welfare state:
The welfare state is a concept of government in which the state plays a key
role in the protection and promotion of the economic and social well-being of
its citizens. It is based on the principles of equality of opportunity, equitable
distribution of wealth, and public responsibility for those unable to avail
themselves of the minimal provisions for a good life. The welfare state
involves a transfer of funds from the state to the services provided (i.e.
healthcare, education, etc.) as well as directly to individuals ("benefits"), and is
funded through taxation.
(ii) With development of mixed economy:
A mixed economy is variously defined as an economic system blending
elements of market economies with elements of planned economies, free
markets with state interventionism, or private enterprise with public enterprise.
(Schiller, Bradley. The Micro Economy Today,
McGraw-Hill/Irwin, 2010, p. 15)
(iii) Judicial Review was then introduced to control excesses of Government
power referred to as “judicial interventionism” with landmark decision of Ridge v
Baldwin (1964).

(iv) Remedies of “Certiorari, Prohibition and “Mandamus” were instituted.

In Ghana Administrative law developed together with the Constitutional law


following the common law principles, but not very developed as CL because of
military interventions. (Ombudsman system used during 2 nd (1969) & 3rd (1979
Republics and CHRAJ introduced under 4th Republic as a new model combining
Ombudsman mandate, Human Rights mandate and Anti-corruption mandate).

Administrative Court in Ghana falls under the jurisdiction of the general court
system and not separated or parallel to the general court system as in Egypt,
Greece, Germany, France, or Italy. Rather, they are tribunals within administrative
agencies, and are distinct from judicial courts. Decisions of administrative
tribunals can be appealed to a judicial court.

Read: on the History and Development of English Law, by E.K. Quansah , The
Ghana Legal System, (2011), p6-15.
1:3 TYPES OF AGENCIES SUSCEPTIBLE TO
REGULATION
There are several different kinds of administrative agencies which are created
by parliament or the State. They are either Dependent (direct) or Independent.

(i) Direct & Dependent Government Bodies

 Executive agencies (part of the executive branch of


government). Led by chief executives, and provide services,
GES
 Regulatory agencies (regulate & enforce standards within
the State). They monitor activities of privatized industries,
GCB
 Executive Cabinet Departments and Units.
 Public Boards and Commissions appointed by government.
 Departments of health and human services.
 National humanitarian agencies.
 Departments and institutions of justice.
 Departments of the treasury.
(ii) Independent Public Bodies created by law (some
with quasi-judicial character)
• Environmental Protection Agency (EPA).
• Commission on Human Rights and Administration
of Justice (CHRAJ) – with the mandate to
investigate human rights abuses, administrative
injustice and corrupt practices of public
authorities.
• Economic and Organized Crime Office (EOCO) –
to investigate serious offences
• Local zoning boards or land planning boards.
• Local government agencies, district and
metropolitan assemblies.
• State corporations.
Note: What do we mean by public body? (see, p.3
&4)
1:4 TYPES OF ADMINISTRATIVE ACTIONS
Government agency action can include:

 Rules and regulation making (Legislative function)


 Decision making on administrative matters, (Executive)
 Adjudication, (following laid down procedural rules and in its
absence, using the “rules of natural justice), (Judicial function).
 Giving orders,
 Advisory opinion (containing finding facts), non-binding,
 Enforcement of specific regulatory agenda,
 Issuing of licenses, e.g. EPA, DVLA, etc.

Note that matters such as exercise of prerogative of mercy or


issues of national security and public policy may be non-
justiceable (courts could not intervene to quash them).
Fig 1.1: Potential Parties to Administrative Suit

1:5 TYPES OF ADMINISTRATIVE DISPUTES

vrs

(1) DISPUTE OVER


Rights and duties
State Agencies and Bodies Legality of decision Agencies and Bodies
of Central Government Legality of action of Local Government
e.g: vr vr e.g.:
1. AG s s 1.District Assemblies (DCEs)
2. Ministries (Ministers) 2.Tradit. Council (Chiefs)
3. Govt. Dept. (HODs) 3.Metro Assemblies(Mayors)
4. Public Boards (Directors) (3) 4. Clans & Families (Heads)
5. Public Commissions/Committees
(Adjudication Officials)- CHRAJ Private Individuals & Private
6. Public Corp. & Boards (Heads) Bodies and their heads e.g.:

- SSNIT, COCOABOARD 1. Individual Citizens


-Telecom, ECG, P&T 2. Credit Unions
7. Public Unions -TUC 3. Civil Societies
8. Public Services: 4. Professional Bodies (e. GBA, Alumni)
- Police (IGP), Prisons 5. Private Corporations
- Judicial Service, CEPS 6. Religious Bodies (Churches)
-Fire Service, GES
9. Public educational institutions
-Universities
-Polytechnics Source: O.K Seneadza (2018)
Lecture 2

DELEGATED
LEGISLATION
Objectives
At the end of this lecture you should be able to:
 explain the concept and essence of delegated
legislation;
 list the different types of delegated legislation;
 evaluate the role of delegated legislation within the
law-making framework; consider what measures are
available to check and control the possible abuse of
delegated legislative power.
1. The doctrine of Delegation
Delegated legislation, according to David Shestokas and Peter
Aranson, is a form of subordinate delegation based on practical
theories derived from public choice, public welfare service,
agency etc. with certain limitations as illustrated in the figure
below. (Against Locke’s separation of powers principle)
2. The Sources and System of Delegation
3. Types of Delegated Legislation
Primary Legislation,
Enabling or Parent Act
Secondary
Legislation,
Delegated or
subordinate
Legislation

Orders Legislative Instruments


By-Laws (e.g. to transferring (LI)
(e.g. by metropolitan responsibilities (e.g. by ministries)
assemblies) between government
departments)

For example, the following Acts (framework acts) allow delegation of legislative power to other subordinate bodies, (under Statutory
Instrument Act, 1959 (section3):
 Civil Service Act, 1960 (s. 43)– gives the president the power to make regulations by legislative instrument when necessary for
administration of Civil Service.
 EPA Act, 1994, (s. 2 (h)) – allows the Agency to make standards and guidelines relating to pollution of air, water and land.
 Statistical Service Law, 1985 (PNDCL 135) (s. 28)– allows the Council to make regulations by Legislative Instrument.
 CHRAJ Act, 1993 (Act 456) (s. 26) – permits the Commissioner and the Deputy to make regulations by Constitutional Instrument
relating to investigation of complaints.
 Local Government Act, 1993(Act 462) (s.79) – allows District Assemblies to make bye-laws. Also s. 10 (2) states that, “a District
Assembly shall exercise deliberative, legislative and executive functions”.
 Legal Service Law, 1993 (s. 17) – the AG may, on recommendation of the Board by legislative instrument, make regulations for
procedures concerning the service.
In Public Universities like KNUST,
4. Justification for Delegated Legislation
The main reasons in support of the need for delegate legislation are:
1) Pressure upon parliamentary time: (attempt to enact all laws itself will collapse
the legislative mechanism)
2) Technicality of subject-matter: (to facilitate consultation with expects who can
readily understand the issues and they do not involve questions of principle or
secrecy at the preparatory stages (as in the case of a drafted bill regarded as
confidential document until it is read for the first time in parliament).
3) The need for flexibility: ( to take care of unforeseen administrative difficulties
which may appear, usually when a new public service is established or to prevent
recourse of Acts to parliament for amendment when a scheme had began)
4) State of emergency: (executive authority to take quick action in time of national
danger or disaster. Provision is made for such powers in the 1992 Ghanaian
Constitution). To pass through the long parliamentary procedures will not be the
ideal thing under emergencies or national disasters if quick action is needed).
5) Changing conditions: The conditions upon which legislation operates are often
changing, necessitating frequent adjustments to the law which, where they are not
substantial, it would be unnecessarily rigid to call upon Parliament to make laws
by itself.
5. Level of Delegation
1) Complete Delegation – where a
Minister is allowed to make law on his
own authority e.g. closing a road,
commencement orders.
2) Negative Delegation – where
instrument must be laid before
Parliament for a number of days and can
be rejected by a motion
3) Affirmative Instrument – instrument
laid as draft. Cannot come into effect
until it is debated and approved by
Parliament.
6. Control of Delegated Legislation
Although delegated legislation may be necessary, it is
also clear that there must be mechanisms in place for
preventing any possible abuse of delegated powers.
The existing means of control include:

1) Parliamentary Control (through select


committee on statutory instrument)
2) Political Control (prior consultation, Gazette)
3) Parliamentary Control Judicial Control (substantive,
procedural grounds)

Read: ASARE vrs ATTORNEY-GENERAL (2012) SCGLR 460 (decision


delivered on 22ND MAY, 2012).
7. Advantages and Disadvantages of Delegated
Legislation
Advantages:
• Speed thereby permitting
• Expertise
• Flexibility
• Local Knowledge
Disadvantages:
• Lack of media coverage
• Potential abuse of power
• May be deemed unconstitutional

Read: Daniel Korang, Delegated legislation: a modern


method of constitutional amendment, 2013.
Lecture 3
JUDICIAL REVIEW OF
ADMINISTRATIVE
DECISIONS
Objectives:
By the end of this Lecture you should be able
to:
 identify when a decision will be
amenable to judicial review;
 recognize grounds for an application for
judicial review;
 elect appropriate remedies;
 explain the procedure for an application
for judicial review;
 appreciate the significance of judicial
review in the Ghanaian Constitution.
1 Introduction
Judicial review as practiced in Ghana and for the most
countries with written constitution, is in two forms:
(a) Judicial Review of Administrative Action
under Constitutional Law.
Judicial review in this case concerns the process by
which courts examine the actions of the three wings
of the government i.e., legislative, executive, and
administrative agents.
(b) Judicial Review of Administrative
Decisions under Administrative Law:
Judicial Review here is the process by which the courts
determine the legality of decisions made by a wide
variety of administrative bodies or government agents.
The concern here is NOT about the merits of the case
but the procedures followed by the administrative
body in arriving at a final decision.
2. Judicial Review under administrative law defined
Judicial review is the control exercised by courts
over procedure of statutory authorities and other
subordinate bodies which may result into the grant
of prerogative orders or declaration stating a
person’s right. It concerns the manner of the
decision-making process by the following:
1) Government (public) bodies and agencies;
2) tribunals and inferior courts; and
3) certain private bodies whose decisions affect the
public.
See,
R. v. Chief Constable of Wales Police ex p Evans (1981)
In, Ghana Commercial Bank v The Commissioner, CHRAJ, (SC, 2002), Civil
Appeal, the SC was to determine whether the law gives courts the power to only
review decisions of CHRAJ or if they can also go into the merits of the case by
calling witnesses. And the decision was “No”.
3. What is the test to determine what decisions the
courts can review?
The following questions are asked to determine whether a decision can be
reviewed by the Courts or not.
1) Is the body which has made the decision subject to judicial review? (Is it
statutory authority or public body?)
2) Is the decision itself by all standards and rules reviewable by the Courts?
(decisions of foreign affairs, defense, national security, public policies are
not reviewable)
3) Does the person who seeks to challenge the decision has sufficient interest
himself/herself to do so? For example, if it mater relates to his or her
employment or property.
4) Does the subject matter have consequences which affects some person or
body other than the decision-maker or including the decision-maker. Per
Diplock, in CCSU v. Minister of Civil Service (1985).

Refer to Article 2(1) of 1992 Constitution of Ghana concerning enforcement of the


constitution and requirement of standing (“locus standi” – place to stand or legal
capacity or sufficient interest).
4. What are the Grounds for Judicial Review?
Lord Diplock in Council of Civil Service Union v. Minister for the
Civil Service [1985] provides a useful three-fold classification of
the grounds, any one of which will render a decision ultra vires
and these have been adopted into the Ghanaian system:
1) Illegality: [(a) ultra vires, (b) abuse of power, (c) error of law,
(d) unauthorized delegation].
2) Irrationality: [outrageous, illogical, unreasonable or immoral
decision that no sensible person would take.
3) Procedural impropriety: [no-observance of procedural rules
or rules of natural justice (treated in next lecture)].
You should bear in mind, however, that the grounds for judicial review are neither mutually
exclusive nor exhaustive and in Ghana may include “the breach of statutory requirements”
and some even overlap.
4) Breach of statutory requirements: [improper use of
discretion]. P. 35-36.
5. Remedies given under Judicial Review
Remedies offered under judicial review are specified under article 33 of the 1992 constitution.
These remedies are:
1) Certiorari
This is an order from a court requiring a decision or an action which has been taken by an
administrative body or official or a quasi-judicial body to be brought up to the court and be
quashed.

2) Prohibition
This is an order seeking to prevent an administrative body or official or an inferior court or a quasi-
judicial body from exceeding its jurisdiction or from making a decision or taking an action which
may warrant certiorari.

3) Mandamus
When a public body or official or an administrative body or a quasi-judicial body are supposed to
exercise an authority or duty, but that body or official has failed to execute the authority or duty,
mandamus may be issued to that body or official compelling it to perform its function

4) Declaration:
A statement of the legal position of the parties and is not accordingly a remedy per se. It states the
position of the law. It also clarifies and confirms the law. “A declaration order cannot be enforced
on its own but rights and remedies attendant on the declaration may be enforced through a separate
(a) To write a letter before action: The applicant or lawyer should first write to the decision-maker in order to allow him
or her the opportunity of remedying the situation. Failure to d this can result in application being rejected.
(b) To apply for leave for Judicial Review: The applicant has to apply for leave for judicial review as promptly as
possible and in any event within three months in (UK) of the occurrence of the alleged ‘wrong’. The court des have
discretion to allow late application, but there would have to be very good reasons for the delay.
(c) Present position: The application is made ‘ex parte’ (without giving notice to the decision-maker in question) to the
High Court judge by filling a notice form, together with supporting affidavit verifying the facts relied upon. The judge can
determine the application for leave without the necessity of a hearing, unless the applicant requests an oral hearing in
the notice.
Lecture 4

THE RULES OF
NATURAL JUSTICE
Objectives
After attending this session, students
should be able to:
 explain the principles of natural justice;
 analyze whether the principles of natural
justice
have been infringed;
 reflect on the further development of
procedural fairness;
 recognize the limitations of the principles of natural
justice;
 apply it to real and hypothetical problems.
Issues

 What are the principles of natural justice?


 Under what conditions will the principles of natural
justice be applicable?
 What is the legal test on bias?
 What are the features of fair hearing?
 What are the benefits from a duty to give reason?
 Under what situation will fairness require reason be
given?
 What are the requirements of an adequate reason?
 What is the relationship between the common law and
statutory requirements on procedural fairness?
 Under what situation will the principles of natural
justice
be not applicable?
 How will the requirement of procedural fairness
develop?
1. Introduction
There are two fundamental rules used in the administration of
justice by the courts and by any person or institution that is to
resolve dispute between people. Where the two rules are not
complied with, whatever decision is arrived at will be declared null
and void. These two fundamental rules are:

RULE 1: Hear the other side. (audi alterem partem). The


principle is sometimes referred to as Fair hearing. See, Accra
Heart of Oak v Ghana Football Association (1982-83) GLR 11;
Aboagye v Ghana Commercial Bank (2001-2002], decision may be
restrained by prohibition or an injunction or set aside by certiorari.

RULE 2: The rule against bias (nemo judex in causa sua) – were
the decision-maker is a close relative or a friend or an enemy. See,
[Akosua Bedaabuo v Yaa Hima (1948-51); Saawa v Dumah
(1991)], prejudice & partiality towards one party.
RULE 3: The New Evidence Rule
 This newly evolving rule is that a decision, whether
administrative or adjudicative, must be based upon
logical proof or material evidence. Adjudicators and
decision-makers should not base their decisions on
mere speculation or mere suspicion.

 Decisions should not be based on spirituality


(sorcery, witchcraft or wizardry) or spectral evidence
(dreams and vision).
Procedural Fairness (Duty to act fairly)
1. Right to unbiased 1. Before the decision is
Decision. made.

2. Right to fair Hearing. 2. During the making of


the decision.
3. Right to Reason. 3. After the decision is made
______________________ ________________________
 Partiality of Committee of Inquiry
See, Michael Rowse v. Sec. for the Civil  Standard of proof
Service & Others [2007]  Denial of legal representation.
 Dual role played by Dept.
 Non-disclosure of advice given to CS
 Unreasonableness of findings of C of I
 Acting Ultra vires in delegating power
The following are the rights to  Failure to give reason relating to appeal
procedural fairness
What is a “duty to act fairly”? What if duty comes in
conflict with statutory law?
Case: H.K. an Infant, In re [1967] 2 Q.B. 617
• A, a native of Pakistan, came and settled in United
Kingdom.
• HK, a person alleged to be his son and 15 years of
age, arrived by air at London Airport and were
interviewed by the immigration authorities.
• Section 2 of the Commonwealth Immigrants Act,
1962, provided that “the power to refuse admission
shall not be exercised ... in the case of any person
who satisfies an immigration officer that he is the
child under 16 years of age, of a Commonwealth
citizen who is resident in the United Kingdom.”
• The immigration officer suspected that HK was
above 16 from the appearance of him. After further
interviews and medical examination conducted, a
decision refusing admission was made.
H.K. an Infant, In re [1967] 2 Q.B. 617
LORD PARKER C.J.:
“Good administration and an honest or bona fide decision
must, as it seems to me, require not merely impartiality, nor
merely bringing one's mind to bear on the problem, but
acting fairly; and to the limited extent that the circumstances of
any particular case allow, and within the legislative framework
under which the administrator is working, only to that limited
extent do the so-called rules of natural justice apply, which in a
case such as this is merely a duty to act fairly.…it seems to me
impossible in the present case to say that the decision…was not
arrived at, as I put it, fairly. It is impossible to believe other than
that both father and son knew full well of what they had to
satisfy the authorities. They were, as it seems to me, given
ample opportunity to do so, and the fact that the officer was not
satisfied is not, as is admitted, a matter for this court.”
1. Right to fair hearing
 Hearing
 Notice
 Disclosure of relevant materials
 Right to legal representation
 Evidence (burden of proof) and admissibility
 Cross-examination
 Flexibility in decision-making
 Consultation (statutory and common law) and adequate time for it.
2. Right to reason
 Benefits of giving reasons (to enhance consistency)
 Adequate reason (show that the committee address the substantive issues before
it).
3. Right to unbiased decision
 Pre-conceived view
 Other personal interest (like family or friendship relationship)
 Prejudice ( judge in his own cause, pecuniary interest, prosecutor as a judge,
other interest – no eed to have actual bias but only apparent bias is needed or
real danger of bias.
Some Ghanaian Cases on “Hear the other side”
 Agyekum v The Republic (1974) 2 GLR 398
 Air liquid v Anim (1991) 1 GLR 460
 Akunor v Okan (1977) 1 GLR 173
 Awuni v WAEC (2003-2004) SC GLR 471
 Boye Doe v Tei and others (1997-98) 1 GLR 997
 Kobeah v Tema Oil Refinery (2003-2004) 2 GLR 1033
 Laguda v Ghana Commercial Bank (2005-2006) SC GLR 388
 Republic v Assua Ex parte Bluwey (1973) 2 GLR 283
Some Ghanaian Cases on “Bias”
 Mbrah v Johnson (1973) 2 GLR 213
 Quist v Kwarteng (1961) GLR 605
 Republic v Adrie (1987-88) 1 GLR 624
 Republic v Akuapim Traditional Council (1975) 2 GLR 362
 Republic v Asankare Traditional Council (1989-90) 2 GLR 592
 Republic v Asokore Traditional Council (1976) 2 GLR 231
 Republic v High Court, Kumasi (2005-2006) SC GLR 312
 Republic v Numapaw (1997-98) 2 GLR 368
Lecture 5

INSTITUTIONS OF
ADMINISTRATIVE
JUSTICE:
(a) Administrative Tribunals
(b) CHRAJ
(c) Commissions of Inquiry
(d) EOCO
Lecture 6

PUBLIC INTEREST
IMMUNITY
Lecture 7

THE EXERCISE OF
DISCRETIONARY POWER BY
STATE/PUBLIC OFFICIALS
• Power conferred on University administrators
The following Administrative and Executive Bodies
may exercise power conferred on them by KNUST,
Kumasi Act 1961 (Act 80) as amended by PNDC Law
240 of 1990 and Act 559 of 1998 and University
Regulations.

• Principal Officers:
* Chancellor of the University (Head of the University)
* Chairman of the University Council
* The Vice-Chancellor

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