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280 FUNCTIONS OF COMMISSION OF INQUIRY
(1)
A commission of inquiry shall (a) make a full, faithful and impartial inquiry into any matter specified in the instrument of
appointment;
(b) report in writing the result of the inquiry; and
(c) furnish in the report the reasons leading to the conclusions stated in the report.
(2)
Where a commission of inquiry makes an adverse finding against any person, the report of the
commission of inquiry shall, for the purposes of this Constitution, be deemed to be the judgment of
the High Court; and accordingly, an appeal shall lie as of right from the finding of the commission to
the Court of Appeal.
(3)
The President shall, subject to clause (4) of this article cause to be published the report of a
commission of inquiry together with the White Paper on it within six months after the date of the
submission of the report by the commission.
(4)
Where the report of a commission of inquiry is not to be published, the President shall issue a
statement to that effect giving reasons why the report is not to be published.
(5)
A finding of a commission of inquiry shall not have the effect of a judgment of the High Court as
provided under clause (2) of this article, unless (a) six months have passed after the finding is made and announced to the public; or
(b) the Government issues a statement in the Gazette and in the national media that it does not
intend to issue a White Paper on the report of the commission whichever is the earlier.
(6)
The right of appeal conferred by clause (2) of this article on a person against whom a finding has been
made, shall be exercisable within three months after the occurrence of either of the events described
in clause (5) of this article or such other time as the High Court or the Court of Appeal may, by special
leave and on such conditions as it may consider just, allow.
281 INQUIRY PROCEDURE
(1)
Except as may be otherwise ordered by the commission in the interest of public morality, public
safety or public order, the proceedings of a commission of inquiry shall be held in public.
(2)
Subject to the provisions of this Chapter, the Rules of Court-Committee, established under article
157 of this Constitution shall, by constitutional instrument, make rules regulating the practice and
procedure of all commissions of inquiry and for appeals from commissions of inquiry.
Ghana 1992 (rev. 1996)
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