The High Court in Accra has recently dismissed a legal application filed by Emmanuel Felix Amantey, a lecturer, who sought to prevent COP Christian Tetteh Yohuno from fulfilling his duties as Deputy Inspector General of Police (IGP) in charge of operations.
The court’s decision has affirmed the role of COP Tetteh Yohuno, who was appointed by the Police Council and the Presidency as part of efforts to strengthen leadership within the Ghana Police Service.
Emmanuel Felix Amantey, in his application, argued that the appointments made by the Police Council and the Presidency went beyond their authorized powers. According to Amantey, both the Constitution of Ghana and the Ghana Police Service Act do not explicitly provide for the position of a Deputy IGP in charge of operations, making the appointment questionable in his view.
He claimed that while the Police Service Regulations anticipate roles similar to that of a Deputy IGP, they do not specifically establish a position designated for operations. As a result, he alleged that appointing a Deputy IGP for operations was outside the legal framework guiding the Ghana Police Service.
Believing that the establishment of such a position amounted to an illegality, Amantey sought a judicial review of the decision to appoint COP Tetteh Yohuno to the role. His application asked the High Court to exercise its supervisory jurisdiction to prevent what he viewed as an overreach by the executive and the Police Council.
However, when Justice Richard Apietu delivered the court’s ruling, he explained that the High Court’s supervisory jurisdiction had not been correctly invoked in this case. Justice Apietu clarified that the court’s supervisory powers typically apply to adjudicating bodies with functions limited to judicial or quasi-judicial activities, primarily aimed at lower courts or similar tribunals.
According to the judge, the President and the Police Council, as appointing authorities, do not fall under these categories since they hold administrative, rather than adjudicatory, responsibilities.
Justice Apietu further emphasized that the functions exercised by the President and the Police Council in appointing a Deputy IGP were purely administrative, without any quasi-judicial implications that would necessitate a judicial review.
He explained that their actions were within the administrative authority vested in them to make decisions that best serve the organizational and operational needs of the Ghana Police Service.
Consequently, the court found that Amantey’s application did not meet the criteria for invoking the supervisory jurisdiction of the High Court, leading to the dismissal of the application.
This ruling effectively allows COP Christian Tetteh Yohuno to continue his role as Deputy IGP in charge of operations, as appointed by the President and endorsed by the Police Council.
Justice Apietu’s ruling has sparked a broader discussion within legal and policing circles regarding the extent of the executive’s power in defining leadership roles within the Ghana Police Service, especially concerning positions that may not be explicitly outlined in existing laws.
The case brings to light questions about the interpretation of legal documents governing the police and whether administrative discretion can create or adapt roles to meet contemporary needs within the service.
The ruling reflects the court’s stance that the executive branch has the flexibility to make administrative appointments within public services like the police, even if such roles are not specifically mentioned in statutory or constitutional provisions. The judgment supports the view that the Police Council, alongside the President, has the capacity to adapt the structure of the Ghana Police Service to enhance operational efficiency, as long as these adjustments do not violate any explicit prohibitions in law.
Amantey’s application, however, raises valid concerns about the importance of clear legal guidelines regarding appointments within the police service. Legal experts have pointed out that although the court ruled against Amantey’s application, the absence of a specific mention of the Deputy IGP in charge of operations role within the Constitution or Police Service Act could lead to similar challenges in the future. Some analysts believe that this case could prompt a legislative review to provide more clarity and prevent future disputes over police leadership positions.
For now, COP Christian Tetteh Yohuno’s appointment as Deputy IGP in charge of operations remains intact, backed by the court’s dismissal of the application. His position is seen as part of broader reforms aimed at enhancing the operational capabilities of the police force to address complex security challenges facing Ghana. The government and the Police Council, through this appointment, appear committed to bolstering leadership within the force to ensure better service delivery to the public.
Following the dismissal of the application, it remains to be seen whether Amantey or other critics of the appointment will pursue the matter further or seek legislative avenues to clarify the roles and ranks within the police service. As of now, however, the High Court’s ruling stands, underscoring the court’s view that administrative discretion in appointments within the public service is permissible within the scope of Ghanaian law.
This ruling could set a precedent for similar cases in the future, where administrative flexibility is questioned in the creation or adaptation of public service roles. For the Ghana Police Service, it may serve as a basis to refine its structural and operational roles in a manner that aligns with contemporary demands, without necessarily requiring new legislative backing for each organizational change. As COP Tetteh Yohuno resumes his duties, his appointment underscores the executive’s commitment to reshaping the leadership framework of the Ghana Police Service to meet evolving security needs.
