REPUBLIC v. POLICE COUNCIL; EX PARTE KWAGYIRI

JUDGMENT OF TAYLOR J.

This is an application for a writ of certiorari. The applicant, at the relevant time a general police sergeant in the Ghana Police Service, was charged with the disciplinary offence of misconduct contrary to section 17 (k) of the Police Service Act, 1970 (Act 350), and a service inquiry was commenced into the said misconduct on 3 July 1974, before Mr. A. A. Asare, Assistant Superintendent of Police in charge of the Cape Coast District who was nominated by Mr. J. H. Cobbina, G.M., the then Inspector-General of Police, by letter No. SO. 4434/126 dated 3 June 1974 acting by virtue of the power vested in him under section 19(3) of Act 350, to hold the inquiry. The applicant pleaded not guilty but on 13 August 1974 the service inquiry was concluded and the inquiry officer having [p.29] formed the opinion that the charge had been proved, found him guilty of the charge and convicted him and he recommended as punishment a reduction in rank.

Section 17 (k) of the Police Service Act, 1970 (Act 350), is as follows:

“17. It shall be a misconduct for a police officer—. . .

(k) to do any other act without reasonable excuse which amounts to a failure to perform in a proper manner any duty imposed on him as such, or which contravenes any enactment relating to the Police Service, or which is otherwise prejudicial to the efficient conduct of the Police Service or tends to bring the Police Service into disrepute."

The particulars of the service charge which the applicant faced are as follows:

"For that you on 22 February 1974 being the Cape Coast District Paymaster employed temporarily in the Regional Pay Office, Cape Coast, during the absence on leave of Inspector S. A. Nyasiah, the Regional Paymaster, did cause Conveyance Orders Nos.483924, 483925 and 483926 allocated to the Cape Coast District Pay Office to be issued in the name of No. 5868 D/Sgt. P. Y. K. Essel, DSM. Asuadem Builsa and Inspector Grade II S. K. Hammond, who were transferred from Cape Coast to Garu, Upper Region and Tamale, Northern Region respectively and prepared payment vouchers Nos. 804, 805 and 806/73-74 to the tune of ¢551.25 in favour of an alleged transport owner Kofi Anhwere, P.O. Box 46, Cape Coast, and cashed the vouchers for yourself."

As I have already indicated the inquiry officer convicted the applicant. He forwarded the proceedings together with his findings and recommendation to the Inspector-General of Police and on 9 October 1974, by letter ref. No. SO. 443