The High Court in Accra has dismissed an application filed by Emmanuel Felix Amantey, a lecturer, seeking to prohibit COP Christian Tetteh Yohuno from performing his duties as Deputy Inspector General of Police (IGP) in charge of operations.
Amantey claimed that the police council and presidency acted beyond their powers by appointing a deputy IGP in charge of operations, arguing that the constitution, Ghana Police Service Act, and police service regulations don’t provide for such a role.
However, Justice Richard Apietu ruled that the High Court’s supervisory jurisdiction wasn’t properly invoked in this case.
According to him, the President and Police Council were exercising administrative powers, not adjudicatory functions, which are typically subject to judicial review ¹. This distinction is crucial in understanding the boundaries of the High Court’s jurisdiction.
It’s worth noting that COP Yohuno’s appointment was made by President Nana Addo Dankwa Akufo-Addo, based on the advice of the Police Council, in recognition of his exceptional credentials and dedication to duty ¹ ². With over three decades of experience in law enforcement, Yohuno has held various key positions within the Ghana Police Service.
The dismissal of Amantey’s application effectively allows COP Yohuno to continue serving in his role as Deputy IGP in charge of operations.
This outcome is significant, as it clarifies the limits of judicial intervention in administrative decisions made by the President and Police Council.
In essence, the court’s decision underscores the importance of understanding the nuances of administrative and adjudicatory powers in the context of Ghana’s legal framework. The President and Police Council’s actions have been deemed lawful, and COP Yohuno’s appointment remains valid.
