A Ghanaian businesswoman and gender activist, Henrietta Nana Yaa Simpson, has filed a lawsuit at the Supreme Court contesting the appointment of COP (Rtd) Nathan Kofi Boakye to the Police Council.
The plaintiff argues that COP Boakye’s appointment as the representative of the Retired Senior Police Officers Association is unlawful.
According to the plaintiff, the appointment was made without reference to the leadership of the Association, which had previously nominated ACP (Rtd) Ms. Florence Arthur for the position.
The plaintiff claims that the President’s unilateral decision to appoint COP Boakye is unconstitutional and infringes on the Association’s exclusive right.
The suit names the Police Council and the Attorney General/Minister of Justice as 2nd and third defendants.
The plaintiff seeks the court’s interpretation of Article 201 clause (f) of the 1992 Constitution and Section 10 of the Police Service Act, 1970 (Act 350), in relation to the appointment process.
Reliefs sought
The Plaintiff in his writ seeks the following reliefs;
1. A declaration that upon a true and proper interpretation of clauses (f) and (g) of Article 201 as amended by section 7 of The Constitution of Ghana (Amendment) Act, 1996, (Act 527) and the relevant sections of the Police Service Act, 1970 (Act 350), particularly sections 10 and 39 thereof, the phrase “Retired Senior Police Officers” contained in the said provision shall be construed to mean all retired police officers who at the time of retirement held the post not below the rank of Assistant Superintendent of Police.
2. A consequential declaration that upon a true and proper interpretation of clauses (f) and (g) of Article 201 as amended by section 7 of The Constitution of Ghana (Amendment) Act, 1996, (Act 527), and the relevant sections of the Police Service Act, 1970 (Act 350), particularly sections 10 and 39 thereof, ACP (Rtd.) Madam Florence Arthur is a retired senior police officer within the meaning of Article 201 clause (f)
3. A declaration that upon a true and proper interpretation of clauses (f) and (g) of Article 201 as amended by section 7 of The Constitution of Ghana (Amendment) Act, 1996, (Act 527) and the relevant sections of the Police Service Act, 1970 (Act 350), particularly sections 10 and 39 thereof, it is the members of the National Association of Retired Police Officers who, through their legitimately elected executive members under the leadership of their President, have the sole and exclusive right and authority to nominate a senior retired officer of their number onto the Police Council.
4. A declaration that upon a true and proper interpretation of clauses (f), (g) and (h) of Article 201 as amended by section 7 of The Constitution of Ghana (Amendment) Act, 1996, (Act 527), and the relevant sections of the Police Service Act, 1970 (Act 350), particularly sections 10 and 39 thereof the power of the President of the Republic to make nominations to the Police Council is, subject to the necessary qualifications and consultations,
restricted to Article 201 clauses (a), (g) and (h) and does not extend to clause (f).
5. A consequential declaration that the appointment of the 1st defendant onto the Police Council by the unilateral fiat of the President of Ghana is in gross violation of Article 201 of the constitution as amended by section 7 of The Constitution of Ghana (Amendment) Act, 1996, (Act 527), and therefore null, void and of no legal effect.
6. A declaration that upon a true and proper interpretation of Article 201 of the constitution as amended by section 7 of The Constitution of Ghana (Amendment) Act, 1996, (Act 527) and the relevant sections of the Police Service Act, 1970 (Act 350), particularly sections 10 and 39 thereof and Article 296 of the constitution, the refusal of the President of the Republic to accept the person nominated by the National Association of Retired Police Officers to represent the Association on the Police Council is unconstitutional, null, void and of no legal effect.
7. A declaration that upon a true and proper interpretation of Articles 17, 201 (as amended by section 7 of The Constitution of Ghana (Amendment) Act, 1996, (Act 527)) and 296, the prescriptive removal of ACP (Rtd.) Florence Arthur from the composition of the Police Council on the basis of her rank and gender is discriminatory and flies in the face of Article 17 of the constitution.
8. An order for the removal of the 1st Defendant from the Police Council and in his stead, the appointment or inclusion of ACP (Rtd.) Florence Arthur onto the Police Council.
9. Any other relief(s) or order(s) as to this Honourable Court may seem just, convenient and proper to grant.
Source : www.kumasimail.com
