EBENEZER OGBORDJOR & 3 ORS. vs. ATTORNEY GENERAL AND INSPECTOR GENERAL OF POLICE [2018]DLCA6178

EBENEZER OGBORDJOR & 3 ORS. vs. ATTORNEY GENERAL AND INSPECTOR GENERAL OF POLIC... [2018]DLCA6178

Date	2018-11-22
Suit No.	CIVIL APPEAL NO.HI/174/2018
Citation No.	[2018]DLCA6178

K.A. ACQUAYE J.A (PRESIDING)

B.F. ACKAH-YENSU J.A

I. O. TANKO AMADU J.A

ISHMAEL A. ABDULAI FOR PLAINTIFFS/APPELLANTS

JASMINE M. ARMAH (S.S.A) FOR DEFENDANTS/RESPONDENTS

[2018]DLCA6178
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													<main id="main" class="content" style="min-height: 60rem" >EBENEZER OGBORDJOR &amp;
3 ORS.<o:p></o:p>[APPLICANT/ APPELLANTS]<o:p></o:p>vs.<o:p></o:p>ATTORNEY GENERAL AND
INSPECTOR GENERAL OF POLICE<o:p></o:p>[DEFENDANTS/ RESPONDENTS]<o:p></o:p>[COURT
OF APPEAL (CIVIL 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">

CIVIL APPEAL NO.HI/174/2018&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, 2018<o:p></o:p>

JASMINE
M. ARMAH (S.S.A) FOR DEFENDANTS/RESPONDENTS<o:p></o:p>

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
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solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>TANKO AMADU J.A<o:p></o:p>(1)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; This appeal lies from the judgment of
the High Court (Industrial &amp; Labour Division) Accra dated the 21st day of
March, 2017.&nbsp; <o:p></o:p>(2)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In the High Court, the
Plaintiff/Appellants (hereinafter referred to as the Appellants) took out a
writ of summons against the Defendants/Respondents (hereinafter referred to as
the Respondents) and claimed the following reliefs per an amended writ and
statement of claim.<o:p></o:p>“a)&nbsp;
A declaration that the decision by the Police Administration, headed by
the 2nd Defendant to unilaterally dismiss the Plaintiffs before the final
determination of the said criminal prosecution was wrongful in law and offended
their constitutionally guaranteed right to fair trial.<o:p></o:p>b) An order directed at the 2nd
Defendant to immediately reinstate the Plaintiffs in the Ghana Police Service
with the appropriate rank designations.<o:p></o:p>c) A further order directed at the
Defendants to pay all salaries, bonuses and emollitions till date of final
payment.<o:p></o:p>d) An order directed at the 2nd
Defendant for General Damages for wrongful dismissal.<o:p></o:p>e) Costs against the 2nd Defendant.<o:p></o:p>f) Any further order or orders as to
this Honourable Court may seem just”.<o:p></o:p>(3)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In their Amended Statement of claim, the
Plaintiffs (Appellants herein) alleged against the Defendants (Respondents
herein) inter alia as follows:-<o:p></o:p>&nbsp;&nbsp;
“4)&nbsp; The 1st Plaintiff say that,
sometime in May 2005, as a serving Police officer, together with the 2nd, 3rd
and 4th Plaintiffs, they were summoned and instructed by the then Cantonments
District Police Crime Officer, One Assistant Superintendent of Police, Cashman
Blewusi to effect the arrest of some suspected drug peddlers at the Hotel
Babylon in Lartebiokorshie in Accra.<o:p></o:p>5)&nbsp;
Plaintiffs state again that, soon after effecting the arrest of the said
suspected drug peddlers called Banato and Derrick Osei Wusu and were escorting
them to the Cantonments Police Station through Adabraka, they were waylaid by
some police personnel from the Accra Central Police Station at main Accra
Psychiatry Hospital traffic intersection.<o:p></o:p>6)&nbsp;&nbsp;
Plaintiffs aver that a confrontation ensured during which the suspected
drug peddlers bolted away after which Plaintiffs continued to their duty posts
at Cantonments Police Station.<o:p></o:p>7)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 1st Plaintiff says that, a few days
later, he together with the 2nd, 3rd and <o:p></o:p>4th Plaintiffs received a signal to
report at the Regional Police Commander’s order at the Central Police Station
and upon their arrival; they were arrested and detained. Plaintiffs state that,
subsequently, their statements were taken, and later arraigned before the
Circuit Court, Accra on charges of conspiracy and extortion.<o:p></o:p>8)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Plaintiff say that, during the pendency
of the case and without waiting for its outcome in the Law Court, the Police
Administration headed by the 2nd Defendant, interdicted them and later
dismissed them from the Ghana Police Service before the said case could be
determined on its merits by the Law Courts.<o:p></o:p>9)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Plaintiffs state that, even though they immediately
filed an appeal to the 2nd Defendant in January 2006, against the decision of
the Central Disciplinary Board of the Police Service to dismiss them, the 2nd
Defendant refused and/or neglected to hear the said appeal.<o:p></o:p><</main>