An Accra Fast Track High Court on Wednesday quashed the decision by President John Evans Atta Mills to interdict Mr. Albert Anthony Ampong, former Chief Director of the Ministry of Youth and Sports.
It said: "President Mills decision to interdict Mr Ampong, ordering a refund of 20,000
dollars and directing the Head of Civil Service to impose further disciplinary measures against
Mr. Ampong, on the basis of the National Security Report on investigations into allegations against Alhaji Muntaka Mohammed Mubarak, former Minister of Youth and Sports was unlawful."
The court presided over by Mr Justice S.K. A. Asiedu declared that the decision of the Head of Civil Service to implement the directives of President Mills as spelt out in the government's statement on the report of the National Security was also unlawful.
It said by certiorari, the decision by President Mills that disciplinary action should be taken against Mr Ampong had been quashed because they are in violation of due process and the relevant laws and disciplinary regulations of the Civil Service.
However, the court said "if there is a case for Mr Ampong to answer, the Civil Service
Council is the right body to carry out disciplinary proceedings against him".
"I will remit the matter to the Head of Civil Service, through the Attorney General's
Department with a direction that the matter be placed before the Civil Service Council to be dealt with according to law," the court said.
"In view of the above directive, I will not exercise my discretion to issue a writ of mandamus
as prayed for by Mr Ampong against the Head of Civil Service," Mr Asiedu said. The court did not award cost.