A solicitor for the Attorney General(A-G) has said the suit challenging the appointment of COP Christian Yohuno as Deputy Inspector-General of Police(IGP) was filed in the wrong forum.
The A-G has said it is only the Supreme Court which has the exclusive original jurisdiction in all matters relating to the enforcement and interpretation of the 1992 Constitution.
“The Respondents and the President are not lower courts or lower adjudicating authorities, therefore, they cannot be amenable to the supervisory jurisdiction of the High Court under Article 141 of the 1992 Constitution and Section 16 of the Courts Act, 1993 (Act 459).” the AG clarified.
On Wednesday, July 17, 2024, President Akufo-Addo appointed COP Mr Yohuno as the new Deputy Inspector-General of Police in charge of Operations.
However, one Emmanuel Felix Mantey on Thursday, August 1, filed a suit at the High Court, seeking an order to prohibit COP Yohuno from acting in the role.
He was also requesting the court to restrain the Attorney General and the Police Council from taking any actions to further the appointment of COP Yohuno.
But a response issued by Ummu Zakari, Principal State Attorney for the A-G said “The appointment of the 3rd Respondent as Deputy Inspector-General of Police was made by His Excellency the President of Ghana in accordance with the advice of the Police Council as required under Article 202 (3) of the Constitution 1992.”
The official communication from the presidency on the appointment read; “President Nana Addo Dankwa Akufo-Addo appointed Commissioner of Police (COP) Christian Tetteh Yohuno as the new Deputy Inspector-General of Police in charge of Operations.”
But the Attorney General referenced the title as “Deputy Inspector-General of Police” instead of the former as was contained in the release from the presidency announcing the appointment.
“The President was performing his administrative functions and not exercising his adjudicatory powers when he appointed the 3rd Respondent as the Deputy Inspector-General of Police, therefore, Article 141 of the 1992 Constitution and Section 16 of Act 459 are not the appropriate statutory provisions to be invoked against him,” the AG added.
It is however not clear if the title has been changed or the reference was an oversight.
Read the full response below:
Source: Adomonline.com
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