OLIVIA ASOBAYIREH v. INSPECTOR-GENERAL OF POLICE & ANOTHER
January 20, 2022
COURT OF APPEAL
GHANA
CORAM
- ACKAH-YENSU J. A. (PRESIDING)
- GAISIE J.A.
- BAFFOUR J.A
Areas of Law
- Administrative Law
- Employment Law
- Evidence Law
- Civil Procedure
January 20, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal, per Justice Eric K. Baffour with AckahYensu JA (Presiding) and Amma A. Gaisie JA concurring, dismissed an appeal by a longserving Inspector of the Ghana Police Service who had been dismissed following internal disciplinary proceedings. The matter arose from a 2010 motorway accident where a black bag of cash was retrieved and later alleged to have been misappropriated by the highway patrol team led by the Appellant. After a Service Enquiry and PIPS investigation, the Adjudicating Officer recommended reduction in rank, but the Central Disciplinary Board (CDB) imposed dismissal. On appeal, the court struck out three defective grounds, reaffirmed that disciplinary hearings are not criminal trials and need not meet the beyond reasonable doubt standard, held that the complainants absence did not vitiate proceedings, found the Appellants testimony inconsistent and uncredible, and concluded the CDB acted within its powers under L.I. 993 to substitute and impose dismissal. The High Courts judgment was not against the weight of evidence, and the appeal was dismissed.
Baffour J.A:
Introduction:
The power of the Police Service to institute the appropriate disciplinary and investigative procedures to make findings, recommendations and to punish erring Police officers under law is not in doubt. This is necessary to ensure that the integrity of the service is not compromised and only men and women of honour serve the institution for the maintenance of the full confidence of the public in the Police institution as competent enough to protect them. This appeal challenges us to review whether the procedure spelt out by law for the dismissal of the Appellant from the Police Service with benefit was followed and whether the variation of reduction in rank as stated by the Adjudicating Officer to one of dismissal was ultra vires the powers of the Central Disciplinary Board comes up for scrutiny. The Plaintiff/Appellant would be referred to simply as Appellant whilst the Defendants/Respondents would be referenced as Respondents.
Background
Until the 30th of May, 2011, Appellant was of the rank of an Inspector with the Ghana Police Service, having served and risen through the ranks for about twenty-six years. The matters that precipitated her dismissal can be traced directly to a tragic accident that took place on the 4th of May, 2010 on the Accra-Tema motorway. Appellant leading two other Policemen on highway patrol duties on that said date did chance upon an accident in which a vehicle driven by one John Atease Mensah had been involved in an accident. The Appellant and his team stopped their patrol vehicle and with the assistance of persons that had gathered at the scene, conveyed the body of the deceased driver to the morgue at Korle Bu Teaching hospital. It was the case of the Respondents that a black bag containing sums of monies in various currencies was handed to a member of the patrol team, G/Clp Charles Quaye, who in turn gave it to the Appellant, even though the Appellant denied this claim during trial. To Appellant based upon a complaint from the sister of the deceased, Hannah Amankwah that the money handed over to her by the Police was not the full amount, the Police Intelligence and Professional Standards (PIPS) purported to have investigated the matter in the absence of the complainant. She was subsequently arraigned before an Internal Police Service Enquiry for the charge of misconduct contrary to section 17(k) of the Police Service Act, Act 350.
To Appellant the decision of the Service Enquiry to only reduce her