According to the ruling of the five-member investigative committee, the report breached the rules of natural justice by failing to give the assistant headmaster, Mr Amponsah–Duodu, a hearing before coming out with their final report.
The presiding judge Mrs Justice Georgina Mensah Datsa held that “It is an undisputed fact that the applicant was not given a hearing before the report which has adverse finding on him was prepared. This is against the right to be heard.”
She further awarded a cost of Ghc5,000 in favour Mr. Amponsah-Duodu.
In November 2018, four students of the all-male school leveled sodomy allegations against the assistant headmaster.
After preliminary investigations, Mr. Amponsah-Duodu was subsequently suspended by the Ashanti Regional Education Directorate over the allegations to allow for a full-scale probe to be conducted into the matter without any interference.
But in a writ at the high court, lawyers for the plaintiff led by Gary Nimako argued that the committee that looked into the matter did not comply with the rules of natural justice.
“That the committee deliberately failed, refused and neglected to produce my accuser before the committee for me to cross-examine him on the allegation made against me.”
“That when the 2nd Respondent (The Headmaster) was questioned whether I was given an opportunity to meet and to cross-examine my accuser on the allegation, the 2nd Respondent answered in the negative.”
Reliefs sought by the plaintiff
In their four reliefs, the plaintiff together with his lawyers humbly requested the following from the court:
- That investigative report of the 2ndRespondent’s committee be brought to this Honourable Court to be quashed.
- An order of injunction at the Respondents, their privies, assigns, agents, servants or anyone claiming through or purporting to act on the authority of the Respondents from continuing any disciplinary investigation involving the Applicant until the matters in this dispute are determined by this Honourable Court
- Cost including legal fees
- Any other Order(s) as the Court deem fit
The suspended Assistant Headmaster has insisted he is innocent.
Describing the allegations as baseless, Mr. Amponsah-Duodo insisted that he has not had any contact with the alleged victim.
He argued that the committee looking into the allegations has been “necessitated merely by hearsay or some assertion without any concrete documentary or evidential proof.”
Source: Citinewsroom.com | Ghana