MR. AYAMGA YAKUBU AKOLGO v. INSPECTOR GENERAL OF POLICE & OTHERS
2015
COURT OF APPEAL
GHANA
CORAM
- M. AGYEMANG, (MRS) J.A
Areas of Law
- Administrative Law
- Civil Procedure
- Employment Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involves an appeal and a subsequent application for a stay of execution of a High Court ruling that quashed a disciplinary action against a police officer and awarded him GHC40,000 in damages. The police officer had refused to follow a directive, leading to his demotion and salary reduction. The High Court ruled in his favor, prompting the defendants to seek a stay of execution pending their appeal, arguing that the officer might not be able to refund the damages if their appeal succeeds. The court denied the stay, reasoning that the respondent could refund the amount through salary deductions or other means and stressing that no exceptional circumstance warranted depriving the respondent of the judgment's benefits.
R U L I N G
This is a ruling in respect of an application for stay of execution of the ruling of the High Court delivered on the 5th of February 2015 by which an order was made for the payment of damages by the defendants/ appellants/applicants herein to the plaintiff/respondent/respondent (respondent).
The application is supported by a twenty-one paragraph affidavit sworn to by one ACP/Mr Frank S. Kwofie, Director General Legal and Prosecution at the Ghana Police Service who alleged himself to have the consent and authority of the defendants/applicants to depose to matters that were within his personal knowledge, information and belief.
Giving a background to the application, the said deponent recounted that the respondent, then Kwesimintsim District Police Commander, was instructed by the third applicant to make entries of occurrence in a book introduced by the third applicant then Western Regional Commander. This was part of a programme dubbed “Operation calm life” which was set in motion to curb the incidents of robbery and violence in the Sekondi-Takoradi Metropolis at the time. The respondent allegedly refused to comply with the directive, contending that it had not been introduced by the first applicant who alone had the authority to do so.
Following the alleged refusal, the matters were allegedly investigated and the respondent, found culpable. He was punished with a reduction in rank from Superintendent to Deputy Superintendent of Police and the consequent reduction in salary and benefits. The respondent, aggrieved by this, initiated judicial review proceedings before the High Court, Accra which having heard the matter, entered judgment for the respondent, quashing the decision that resulted in the reduction of rank of the respondent. A consequential order was made remitting the case to the Police Force for it to constitute a Central Disciplinary Board to rehear it. The court further awarded damages of GHC40,000 to the respondent.
The applicants filed an appeal against the award of damages and followed it up with the instant application for a stay of execution pending appeal.
The applicants have alleged that the respondent may not be in a position to refund the sum of GHC40,000 to the applicants in the event of a successful appeal, and furthermore, that the first defendant as head of the Police Force had, in accordance with Regulation 105(10)(a) of Police Service Regulations, caused all arrears of salary and allowances resulting from a reduc