INSPECTOR JAMES ATTA vs. INSPECTOR GENERAL OF POLICE AND 3 TOHERS [2012]DLHC5588

Date	2012-11-22
Suit No.	SUIT NO: BMISC/1136/07
Citation No.	[2012]DLHC5588

JUSTICE KWABENA ASUMAN-ADU

MR. JOHN OPOKU FOR THE PLAINTIFF

MR. WILLIAM AKWETEY BONSU WITH DCOP KEN YEBOAH FOR THE DEFENDANTS

[2012]DLHC5588
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													<main id="main" class="content" style="min-height: 60rem" >INSPECTOR JAMES ATTA<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>INSPECTOR GENERAL OF
POLICE AND 3 TOHERS<o:p></o:p>(DEFENDANTS)<o:p></o:p>[HIGH COURT (INDUSTRIAL/LABOUR DIVISION), ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

SUIT NO: BMISC/1136/07&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 22ND
NOVEMBER, 2012<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR. JOHN OPOKU FOR THE
PLAINTIFF<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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MR.
WILLIAM AKWETEY BONSU WITH DCOP KEN YEBOAH FOR THE DEFENDANTS <o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JUSTICE KWABENA ASUMAN-ADU<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JUDGMENT<o:p></o:p>

</div>The Plaintiff herein, Inspector James Atta was an
Inspector in the Ghana Police Service working as a CID staff at Regional CID in
Accra. Whilst there, he was given a case of stealing involving one Wisdom
Donkor to investigate. In the course of investigations certain exhibits came to
his custody which he labeled and kept in the Exhibits Store.&nbsp; In the process he got a directive that the
case should be transferred to the Police Headquarters. He as a result handed
over the docket of the case to one Sgt. Tetteh of the Commercial Crime Unit at
the Police Headquarters.<o:p></o:p><o:p>&nbsp;</o:p>Sgt. Tetteh, therefore, took over the case from
the Plaintiff and he handed over all the exhibits involved in the case to Sgt.
Tetteh. The Plaintiff alleged that before he handed over the exhibits to Sgt.
Tetteh a proper inventory of all the exhibits involved was made in the Exhibits
Store Register.<o:p></o:p><o:p>&nbsp;</o:p>The Plaintiff contends that the said Wisdom Donkor was subsequently
tried in the Circuit Court, Accra and was convicted as a result of which he was
sentenced to some terms of imprisonment. He claims that after the conviction
and sentence of Wisdom Donkor the complainant demanded for the exhibits which
could not be produced.<o:p></o:p><o:p>&nbsp;</o:p>The Plaintiff contends that instead of questioning
the Prosecutor or Sgt. Tetteh who took over the case from him or even the
Exhibits Store Keeper, it was the Plaintiff who was held responsible for the
exhibits that could not be produced. He was as a result marched to the office
of the 1st Defendant who ordered him to either produce the exhibits
or be interdicted.<o:p></o:p><o:p>&nbsp;</o:p>According to the Plaintiff upon further enquiries
he got to know that the exhibits had been auctioned alongside other exhibits in
the store on the orders of the Regional Police Administration. He could,
therefore, not produce the exhibits as ordered by the 1st Defendant.<o:p></o:p><o:p>&nbsp;</o:p>Without giving him an opportunity to explain or
state his case 1st Defendant through a signal dated 7th
day of July, 2006 interdicted him. The Plaintiff sent various pleas and
petitions to the Defendants for a review of his interdiction but to no avail
and over one year he had not been called for Service Enquiry or trial within
the service.&nbsp; He as a result commenced
the current action against the Defendants on 24th September, 2007
for the following reliefs: <o:p></o:p><o:p>&nbsp;</o:p>