By Kofi Bentil, the Vice President of IMANI Africa, has strongly condemned the government’s decision. He criticized the appointment of a new Inspector General of Police (IGP). This is happening while a Supreme Court ruling on the removal of the former IGP is pending.
According to him, President John Mahama’s decision to relieve Dr. George Akuffo Dampare of his duties is unacceptable. Replacing him with COP Christian Tetteh Yohuno is contemptuous of the highest court of the land.
Speaking on JoyFM’s Top Story with Fostina Sarfo on Friday, March 14, Mr. Bentil stated that the legal principle is clear. When a case is before a court, it is unlawful to take actions that undermine the court’s decision. It is also unlawful to render the court’s decision ineffective. Such actions are also considered contemptuous.
“When a case is before a court, it is contemptuous of the court for anybody to take an action. Such actions overreach the court. …This means you simply refrain from actions that would undermine a court ruling. This is especially important when a ruling is imminent.
“Now, the action of the executive is contemptuous of the highest court of this land. For about a year now, a case has been filed before they came into office,” he said,” he said.
He explained that the Supreme Court has heard arguments from all parties. It has also scheduled a date for its ruling. Despite this, the President has acted differently. He has proceeded with appointing a new IGP. He believes this act directly disregards judicial authority.
“That confusion which will erupt is exactly the reason. No law abiding person would try to overreach the court. This is especially true when a case is before a court. It also applies when the court is about to make a ruling.
“Indeed, there is a school of thought that believes that under the circumstance, there is already an injunction in place. That is why we filed to confirm that injunction. If there is any doubt, nobody will act based on that.
“Now, being that, as it may, they have done what they’ve done. If the court ruled that indeed, the president should not remove any IGP without just cause, what happens? Can the security head or whatever else be removed without justification? We end up in a very, very terrible stalemate” he said.
Mr Bentil argued that this case is not about specific individuals. These include former IGP George Akuffo Dampare or newly appointed IGP Christian Tetteh Yohonu. It is about safeguarding the integrity of the security system.
“We did not speak for IGP Dampare. Prof Anning and I have been at this thing for years before IGP Dampare. We don’t speak for him, and we have no problem with anybody doing their job. We have no problem with IGP Yohonu. I knew IGP Yohonu many years before I even knew IGP Dampare. It is not about the personalities. It is about the security services.
“Now this will create confusion if that ruling comes out to affirm our viewpoint. After reading all the applicable laws, a president can appoint a ranked officer. However, the president may not remove one without just cause.”
Mr. Bentil stated that it is very unfortunate that the former IGP has been replaced. He hopes for necessary corrections when the Supreme Court ruling is delivered. These corrections will occur if it is in their favor.
Background
Imani Ghana and security expert Prof Kwesi Aning have jointly filed a suit at the Supreme Court. They seek to restrain the President from removing the Inspector-General of Police and other heads of security agencies. This restraint is requested until an ongoing case relating to the matter is decided in May 2025.
According to the plaintiffs, the security heads in question would be unfairly treated. This would occur if they were removed before the Supreme Court delivers its ruling.
The development follows widespread reports that the President intends to dismiss the Inspector-General of Police and other key security officials.
In their suit, the plaintiffs prayed the court to grant an order of interlocutory injunction. This order would restrain the Defendant, including His Excellency the President of the Republic. It also applies to the respective councils of the Ghana Immigration Service and Ghana Police Service. It also includes the National Fire Service and Ghana Prisons Service.
The order aims to prevent them from removing, terminating, dismissing, sacking, or suspending the officials. These officials include the Director-General of the Ghana Prisons Service. They also include the Comptroller of the Ghana Immigration Service. The officials include the Director-General of the National Fire Service. They also include the Inspector-General of Police.
The injunction is sought pending the final determination of the case.
The plaintiffs further argued that the suit raises serious constitutional issues, with the balance of convenience heavily favouring the applicants.
They contended that the government would suffer no harm should the court grant the application, as the verdict is imminent.
Moreover, if the plaintiffs lose their case, the Executive will still have the authority. The Executive can remove the security heads in question.
The suit concluded by stating that the application is just, appropriate, and necessary under the circumstances, urging the court to grant the injunction to prevent any premature dismissals before the case is fully adjudicated
