The Accra High Court has dismissed an application seeking to restrain Christian Tetteh Yohuno from holding himself as the Deputy Inspector General of Police in charge of Operations following his appointment by President Akufo-Addo.
A private citizen, Emmanuel Felix Mantey described the appointment as illegal since there is no office in the Ghana Police Service set up as the Deputy IGP in charge of operations.
On July 17, 2024, President Akufo-Addo appointed COP Tetteh Yohuno as the new Deputy Inspector-General of Police in charge of Operations to aid IGP Dr George Akufo Dampare.
A statement signed by the Director of Communications at the Presidency, Eugene Arhin, indicated that the appointment was made under the advice of the Police Council at its meeting held on Wednesday, July 17, 2024, which acknowledged COP Yohuno’s exceptional credentials and dedication to duty.
In his statement of the case, lawyers of the lecturer, led by Lom Nuku Ahlijah argued that the Constitution only recognised the office of the Inspector General of Police (IGP) and did not create a ‘Deputy Inspector General of Police’. He also noted that the Police Service Act, 1970 (Act 350) does not also create a ‘Deputy Inspector General of Police’ position.
The only legislation that purports to create the office of the ‘Deputy Inspector General of Police’ is the Police Service Regulations, 2012 (CJ 76). Under the CI 76, the ‘Deputy Inspector General of Police’ is broad and generic without any sub-divisions such as ‘Deputy Inspector General of Police in Charge of Operations’.
He thus prayed for the following reliefs from the court:
“An order of prohibition restraining COP Mr Christian Tetteh Yohuno from acting or purporting to act in the role of Deputy Inspector General of Police in charge of Operations
“An order of prohibition restraining the respondent from carrying out any actions in furtherance of the appointment of COP Mr Christian Tetteh Yohuno as Deputy Inspector General of Police in charge of Operations
“An order of quo waranto directed at COP Christian Tetteh Yohuno in respect of his appointment by the President of Ghana contained in the statement dated 17th July to the position of Deputy Inspector General of Police in charge of Operations.”
“My Lord, the operational control of the Ghana Police Service has, as a matter of constitutional prescription, been vested in the person who is the Inspector General of Police and no other, save that the Inspector General of Police may delegate the performance of his functions to other officers of the Police Service.
“In the absence of any constitutional or statutory creation of an office of ‘Deputy Inspector General in charge of Operations’, the President cannot purport to make an appointment to a non-existent office acting on the advice of the Police Council. The office of the ‘Deputy Inspector General of Police in Charge of Operations is unknown to the laws of the Republic of Ghana as established under the 1992 Constitution and the Police Service Act, 1970 (Act 350) (as amended) and the Police Service Regulations, 2012 (C.J 76).
“The Police Council and His Excellency the President of the Republic lack the authority to appoint the 3rd Respondent into a non-existent public office not grounded in law. The action of His Excellency the President of the Republic in appointing the 3rd Respondent as ‘Deputy Inspector General of Police in Charge of Operations’ is ultra vires applicable laws and as such the appointment unlawful and illegal,” Ahlijah further submitted.
But in their preliminary objections, counsel for the police chief led by Angel Lolo noted that the action by Mr Mantey was in the wrong forum. He also noted that the jurisdiction of the High Court was wrongly invoked and called for the case to be dismissed.
In his ruling, Justice Richard Apietu indicated that the Ghana Police and the President are not lower courts to be adjudicated by the High Court. He also explained that President Akufo-Addo performed his administrative duties and not an exercising adjudicatory powers when he appointed COP Christian Tetteh Yohuno as Deputy IGP in charge of Operations.
He stressed that the applicant did not properly invoke the supervisory jurisdiction of the high court and thus dismissed the application.
“The 2nd Respondent was performing its administrative functions and not exercising adjudicatory powers when it advised the President of Ghana to appoint the 3rd Respondent as Deputy Inspector-General of Police, therefore, Article 141 of the 1992 Constitution and Section 16 of Act 459 are not the appropriate statutory provisions to be invoked against them.
“It is clear and obvious that the functions the President and the Police Council performed were administrative functions and therefore the proper provisions which the Applicant should have come under to properly invoke the jurisdiction of the Court in this matter was Article 23.
“The issue of jurisdiction in any matter before the court is so fundamentally important that it cannot be overemphasized,” Justice Apietu added.
