High Court Upholds Deputy IGP’s Appointment Despite Legal Challenge
In a recent ruling, the Accra High Court dismissed a case aimed at preventing COP Christian Tetteh Yohuno from serving as the Deputy Inspector General of Police (IGP) for operations. This legal challenge, initiated by university lecturer Emmanuel Felix Mantey, argued that the appointment exceeded the authority of the President and the Police Council.
Mr. Mantey contended that neither the Ghanaian Constitution nor the Ghana Police Service Act recognizes the specific role of a Deputy IGP for operations. While the Police Service Regulations mention various ranks and positions, he argued, they do not explicitly authorize a role dedicated solely to operations within the hierarchy of the police force. Mantey’s petition also asserted that the establishment of this position could set a precedent for unauthorized positions, potentially disrupting the structure outlined in governing legal frameworks.
The appointment of COP Yohuno as Deputy IGP, which took place on July 17, came with strong endorsement from the Police Council, who cited his commendable service record and expertise. In response to the challenge, the Police Council defended its decision, emphasizing that the appointment was based on operational needs and Yohuno’s capabilities.
Justice Richard Apietu, who presided over the case, dismissed Mantey’s application. In his ruling, Justice Apietu reasoned that the High Court’s supervisory jurisdiction was not applicable, as this particular issue did not involve lower adjudicating bodies. Instead, the actions of the President and Police Council fell under administrative, rather than judicial, functions. Apietu clarified that the court’s authority over administrative decisions is limited to cases where an adjudicating body may have overstepped, which did not apply here. He further emphasized that appointments within the Ghana Police Service, when backed by executive and institutional oversight, typically fall within the administrative powers designated to these bodies.
Despite the court’s ruling, this case raises broader questions about the scope and flexibility of police governance in Ghana. While the dismissal supports the President and Police Council's authority to adapt roles within the force, it highlights a gap in legislative clarity on roles within the Ghana Police Service hierarchy.
The judgment has received mixed reactions from the public and legal experts. Some view it as a necessary affirmation of the government’s flexibility in addressing national security needs, while others see it as a potential conflict with established legal frameworks. COP Yohuno’s role as Deputy IGP for operations remains intact, with full support from the Police Council and the executive.
This outcome underscores the judiciary’s stance on administrative appointments and affirms the role of government bodies in shaping the structure and function of Ghana’s police force to meet evolving operational demands.
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