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CHAPTER 23
COMMISSIONS OF INQUIRY
278 APPOINTMENT OF COMMISSION OF INQUIRY
(1)
Subject to article 5 of this Constitution, the President shall, by constitutional instrument, appoint a
commission of inquiry into any matter of public interest where (a) the President is satisfied that a commission of inquiry should be appointed, or
(b) the Council of State advises that it is in the public interest to do so; or
(c) Parliament, by a resolution requests that a commission of inquiry be appointed to inquire into
any matter, specified in the resolution as being a matter of public importance.
(2)
A commission appointed under clause (1) of this article may consist of a sole commissioner or two or
more persons one of whom shall be appointed the chairman of the commission.
(3)
A person shall not be appointed a sole commissioner or the chairman of a commission of inquiry
under this article unless he is (a) a Justice of the Superior Court of Judicature; or
(b) a person qualified to be appointed a Justice of the Superior Court of Judicature; or
(c) a person who has held office as a Justice of the Superior Court of Judicature; or
(d) a person who possesses special qualifications or knowledge in respect of the matter being
investigated.
(4)
Subject to clause (3) of this article, where a commission of inquiry appointed under clause (1) of this
article consists of more than two commissioners, other than the chairman, at least one of them shall
be a person who possesses special qualifications or knowledge in respect of the matter being
investigated.
279 POWERS OF COMMISSION OF INQUIRY
(1)
A commission of inquiry shall have the powers, rights and privileges of the High Court or a Justice of
the High Court at a trial, in respect of (a) enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;
(b) compelling the production of documents; and
(c) the issue of a commission or request to examine witnesses abroad.
(2)
A sole commissioner or a member of a commission of inquiry shall not be liable to any action or suit in
respect of any matter or thing done by him in the performance of his functions as a commissioner or
member.
Ghana 1992 (rev. 1996)
Page 126