Group Fumes Over CJ’s Inaction
Advocacy for Social Intervention Ghana (ASIG) – a civil society organization, dedicated to the promotion social justice, has expressed disappointment at what it says is the inaction of the Chief Justice (CJ) over its petition against the unfair treatment of miner by his employers.
It said it was deeply upset that the miner, Kofi Estibah, should be denied justice and continue to suffer emotional pain.
Mr. Emmanuel Arthur, Chief Executive Officer (CEO), said it had been more than three months since the organization made the formal request – to get justice for the man but nothing appeared to be happening.
He told newsmen in Kumasi that the petition had not even been acknowledged by the CJ’s office.
He added that if for whatever reason the formal request could not be acted upon, it was reasonable to assume that somebody would write to inform the petitioner, stating why the request could not be considered.
Mr. Arthur said it was the position of the organization that everybody – not only the powerful and be well-connected but the poor, the weak and dispossessed should have access to the CJ.
ASIP had petitioned the CJ over the sacking of Estibah, by his employers, African Mining Services Ghana Limited.
The man had been employed as an auto-electrician by the mining company on December 06, 2007 but got wrongfully terminated on November 24, 2011.
Dissatisfied with the action of his employers, he took the matter to the Takoradi Circuit Court, presided over by Ms. Afi Agbanu Kudomor, and his case was upheld.
The court ruled that “the termination of his appointment is a nullity” and therefore wrongful. It went ahead to order the company to pay his salary and entitlements from December 2011 to March 23 as damages.
The company made an application for stay of execution but that was refused by the Court of Appeal in Cape Coast (Civil Division), presided over by Justice Alhaji Saeed Kwaku Gyan, on February 17, 2015.
The way was then cleared for the calculation of the appropriate compensation to Estibah and the figures were computed by the Ghana Mine Workers Union.
The Mining Company disputed the figures and decided to go back to the Court of Appeal. What was at issue was the quantum of money that was to be paid to the dismissed miner.
The Court, however, for unexplained reasons sidestepped the substantive matter before it and ruled on March 27, 2017, that the employer was justified in terminating the appointment of Estibah.