Inspector General of Police, Paul Tawiah Quaye
An Accra Fast Track High Court presided over by Justice P. Ofori-Atta has ordered the Inspector General of Police (IGP) to reinstate five police officers within 14 days after the court found out that they were wrongfully dismissed.
The court has also quashed the decision of the Central Disciplinary Board of the Police Service to dismiss the policemen in a letter dated March 30 2011.
This was after the policemen, Clps. Isaac Annan, Dominic Amezah, George Akoi, Anthony Adjei and Collins Ohemeng, filed an application for judicial review, seeking an order of certiorari to quash the decision of the board and an order directed to the IGP to reinstate them.
The court has further restrained the IGP and Police Board from interfering with the status of the policemen or ejecting them from their residences or barracks in which they were living before their dismissal.
The IGP is to also reinstate the policemen in their various positions with full benefits and emoluments before the commencement of the disciplinary proceedings.
Costs of GH¢500 were awarded against the respondents, who are the Ghana Police Service, Central Disciplinary Board, the Police Service Headquarters in Accra and the Attorney-General.
In his ruling, the judge noted that police officers who were with the Rapid Response/Monitors Unit stationed at the headquarters in Accra, on January 15, 2007 were told by their colleague, one L/Clp Ekow Russel, that some Nigerians were planning to defraud one Alhaji.
He noted that the said L/Cpl Russel led them to a place near Tema, where he claimed the suspects lived, and before setting off, booked their names in the station diary.
The trial judge said when they reached Tetteh Quarshie Cirlce, Russel sat in a different car while the rest joined Cpl Ohemeng’s vehicle.
The judge noted that while at Tetteh Quarshie Circle, Russel asked them to wait for him for a few minutes, only for him to return with two persons, who he claimed were the suspects and on reaching Accra, he asked that they be kept at the Chorkor station.
According to the judge, after booking and keeping the suspects at Chorkor, Russel returned with a briefcase which he said contained fake documents the suspects had intended to defraud the Alhaji with.
The trial judge stated that because the Chorkor police cell was overcrowded, the suspects were later taken to the Regional Criminal Investigations Department, where one of the suspects escaped from and it was later found out that Russel helped him to escape.
Justice Ofori-Atta observed that the escapee, Maxwell, was later arrested for possessing cocaine and he mentioned Russel as his source. Russel in turn told his superiors that he shared the money with the applicants.
He explained that Russel and the applicants were tried at an Accra Regional Tribunal, where charges against the applicants were withdrawn while Russel and Maxwell were later jailed.
In addition, he said disciplinary action against the applicants was instituted in March 2011 and they were found guilty by the police service and consequently dismissed so they filed an application for judicial review.
According to the judge, the accused persons were not given an opportunity to present their side of the story, stating that the board which found them guilty exceeded its mandate when it convicted and sentenced them.
The High Court Judge noted that under the regulation of the board, the superior officer appointed by the board could enquire into the conduct of any member of the force.
He said the board’s regulation was however clear that any officer being investigated should not be below the rank of an Assistant Superintendent of Police (ASP) and observed that none of the seven officers was an ASP.
He subsequently added that the enquiry was procedurally inappropriate and declared the decision of the board null and void and subject to judicial review.
Justice Ofori-Atta consequently granted all the reliefs being sought by the police by ordering the IGP to reinstate them within 14 days while at the same time restraining him from interfering with their residence or barracks.
Mr. David Ametepe and Akosua Mensah represented the applicants while Malike Woanya represented the state.
By Fidelia Achama
