Audio By Carbonatix
The Fast Track High Court has given the Ghana Police Service and two others 14 days to reinstate five policemen who were dismissed in March 2011 for alleged misconduct.
It also ordered the Police Service, its Central Disciplinary Board and the Attorney-General to reinstate the five policemen in their various offices and positions with full benefits and emoluments before the commencement of the disciplinary proceedings.
It also prevented the respondents from taking any steps to eject the applicants from their official residences and further awarded total costs of GH¢2,500 against the respondents.
Each applicant benefitted from a GH¢500 cost.
The five — General Lance Corporals Isaac Annan, Dominic Amezah, George Akoi, Anthony Adjei and Collins Ohemeng — were dismissed in March 2011 by the Central Disciplinary Board of the Ghana Police Service for various acts of misconduct, neglect of duty, conspiracy to take part in an unauthorised operation, making false entries in an official document, among others.
The five policemen, who were alleged to have gone on an unauthorised operation with Lance Corporal Ekow Russel, were, in July 2007, put before the Greater Accra Regional Tribunal but the charges were withdrawn against them.
However, Lance Corporal Russel, who was alleged to have given unspecified amounts of money to the five applicants, is currently serving a 12-year jail term.
His accomplice, Maxwell Antwi, who pleaded guilty to the charge of possessing a narcotic drug without lawful authority, cited Russel as the supplier of the narcotic drug.
They were both convicted on March 24, 2011 but Antwi died in detention some time later.
Following developments in relation to the roles the five applicants allegedly played in the unauthorised operation on January 15, 2007, the Central Disciplinary Board of the Ghana Police found the applicants guilty of misconduct and other offences and subsequently dismissed them.
Dissatisfied with the board’s decision, the five applicants filed an application for a judicial review, citing breaches of the rules of natural justice, lack of jurisdiction and error of law based on the records available.
Ruling on the application for a judicial review, the court, presided over by Justice K. A. Ofori-Atta, held that the Central Disciplinary Board breached laid down procedure as stipulated in the regulations governing the Police Service.
It held that the regulations stated that officers investigated by the board must not be below the rank of Assistant Superintendent of Police, adding that the appointment of a senior police officer to hold a service enquiry in respect of the applicants was procedurally inappropriate.
It, accordingly, declared the entire proceedings, as well as the decision by the senior officer who presided over the enquiry, as null and void.
Citing authorities to reinforce its decision, the court held that all acts, directives, signals and orders in respect of or in consequence of the said decision were void and of no legal effect.
Consequently, it directed the respondents to reinstate the applicants within 14 days of the receipt of the court order.
It also restrained the respondents from interfering with the status of the applicants or ejecting them from their residences or barracks or classes in which they were immediately before the disciplinary proceedings.
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
Tags:
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
Latest Stories
-
Adansi United seal Middle League spot with strong finish in Ashanti Division Two
2 minutes -
Mahama’s praise of OSP was “settings” — Minority alleges contradiction in anti-corruption stance
8 minutes -
High Court rejects bid to halt OSP prosecution of Mustapha Hamid and others, adjourns trial to May 26
18 minutes -
Minority urges Supreme Court to quash case challenging OSP’s prosecutorial powers
25 minutes -
Minority insists OSP prosecutions remain lawful, calls for urgent Supreme Court action
27 minutes -
High Court pauses Mustapha Hamid OSP trial pending ruling on prosecutorial authority
27 minutes -
South Africa’s police boss charged in connection with controversial health contract
35 minutes -
Minority urges fast-tracking of OSP Supreme Court case, urges Mahama to state position on the anti-corruption body
39 minutes -
High Court grants GH₵30m bail to Abu Trica amid ongoing extradition battle
45 minutes -
Anlo MP warns government over worsening coastal destruction in Volta Region
58 minutes -
Pension funds not under our control — NPRA’s Philemon Laar responds to Minority
1 hour -
Explainer: Why the Asantehene destooled Kyeame Kofi Nti
1 hour -
Minority alleges strategy to dismantle OSP through courts and Parliament
2 hours -
UG Corporate Football League: Match Week 8 recap, Group A
2 hours -
Anlo MP raises concerns over $150m coastal project spending on workshops and consultancy
2 hours