Indexed passage in the Constitution of Ghana

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 com mission of inquiry be appointed to inquire into any matter, specified in the resolution as bei ng 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 sha ll be appointed the chairman of the commission. (3) A person shall not be appointed a sole commissi oner 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 th e Superior Court of Judicature; or (d) a person who possesses special qualifications o r 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 commi ssioners, 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 exami ning 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 do ne by him in the performance of his functions as a commissioner or member. 280. FUNCTIONS OF COMMISSION OF INQUIRY. (1) A commission of inquiry shall— (a) make a full, faithful and impartial inquiry int o any matter specified in the instrument of appointment; (b) report in writing the result of the inquiry; an d (c) furnish in the report the reasons leading to th e 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 o f this Constitution, be deemed to be the judgment of the High Court; and accordingly, an app eal 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 t his article cause to be published the report of a commission of inquiry together with the White Pap er 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 mad e 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 artic le or such other time as the High Court or the Court of Appeal may, by special leave and on such c onditions as it may consider just, allow. 281. INQUIRY PROCEDURE. (1) Except as may be otherwise ordered by the commi ssion 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