The legal and constitutional dimensions surrounding the removal of Inspector General of Police (IGP) Dr. George Akuffo Dampare and the appointment of COP Christian Yohuno by H.E. President John Dramani Mahama have sparked intense legal debates
In this regard, Dr. Kwaku Anane-Gyinde, a law lecturer at the Ghana Institute of Management and Public Administration (GIMPA), has provided an in-depth legal analysis of the situation.
Dr. Anane-Gyinde highlighted key constitutional provisions and Supreme Court precedents that govern the removal and appointment of heads of public institutions, emphasizing that the President’s decision to remove IGP Dampare while an injunction was pending in court could amount to a constitutional breach.
According to Dr. Anane-Gyinde, the 1992 Constitution provides the President with the authority to appoint an IGP but does not grant him unfettered powers to remove one at will. He said;
“Article 202 speaks about appointment. Article 202 does not speak about the dismissal or removal of the heads of state institutions. But they have protection under Article 195, where if you want to remove them, there must be a just cause.”
Dr. Kwaku Anane-Gyinde, law lecturer GIMPA
Dr. Anane-Gyinde stressed that constitutional protections exist to prevent arbitrary dismissals of public officials.
He referenced the Supreme Court’s ruling in Theophilus Donkor vs. Attorney General, where it was established that a President’s election does not constitute a just cause for removing a public servant.
Meanwhile, others drew parallels between the current situation and the case involving former Auditor General Daniel Domelovo, where the Supreme Court ruled that former President Akufo-Addo’s directive for Domelovo to take forced leave was unconstitutional. Dr. Anane-Gyinde argued that similar constitutional breaches could be observed in the removal of IGP Dampare.
This comparison raises fundamental questions about whether the removal of IGP Dampare followed due process or if it was another case of executive overreach.
Injunction and Legal Implications
A key aspect of the controversy is the legal injunction filed to restrain the President from removing IGP Dampare by IMANI Africa. He criticized the President’s decision to proceed with the appointment of COP Christian Yohuno despite the pending case.
“Our jurisprudence tells us that the moment somebody files an injunction—whether it has been brought to your notice or not—you must stay whatever you are doing. The status quo must remain.”
“From all indications, the President is aware or has been made aware of the suit pending. He has constructive or actual knowledge of the case. The first thing he should have done was to stay whatever he was doing until the final determination in May.”
Dr. Kwaku Anane-Gyinde, law lecturer GIMPA
The lecturer noted that if the courts ultimately rule against the President’s action, it could have significant consequences for the current appointment.
Future Implications of the Court’s Ruling
The question now is whether a court ruling in favor of the injunction would apply retroactively to IGP Dampare or only to future appointments. Dr. Anane-Gyinde explained;
“In law, we tell our students that law has no retrospective application. So, you cannot go back and apply the law. However, if the court rules that Dampare should be reinstated because his removal was unconstitutional or unlawful, then it would apply to him.”
Dr. Kwaku Anane-Gyinde, law lecturer GIMPA
This means that unless the court explicitly orders Dampare’s reinstatement, the ruling would likely only apply to future cases.
The removal of IGP Dampare and the appointment of COP Christian Yohuno have once again placed Ghana’s constitutional and judicial systems under scrutiny.
Dr. Kwaku Anane-Gyinde’s legal analysis suggests that the President may have acted outside constitutional boundaries, particularly given the precedent set in previous Supreme Court cases.
The pending court case will ultimately determine whether this removal was lawful or if it constitutes another instance of executive overreach.
The ruling will not only affect the fate of IGP Dampare but could also set an important precedent for the future independence of public institutions in Ghana.
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