THE REPUBLIC vs. INSPECTOR GENERAL OF POLICE AND 3 OTHERS EX-PARTE: NO. 33006 D/SGT CHRISTOPHER OKPATTA [2019]DLHC5486

THE REPUBLIC vs. INSPECTOR GENERAL OF POLICE AND 3 OTHERS EX-PARTE: NO. 33006 D... [2019]DLHC5486

Date	2019-02-04
Suit No.	SUIT NO. LIMSC 6/2019
Citation No.	[2019]DLHC5486

FRANCIS OBIRI (HIGH COURT JUDGE)

DIANA ESSIEN FOR APPLICANT

KWAKU BOAKYE BOATENG FOR 4th RESPONDENT

[2019]DLHC5486
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>INSPECTOR GENERAL OF POLICE AND 3 OTHERS<o:p></o:p>(REPONDENTS)<o:p></o:p>EX-PARTE:
NO. 33006 D/SGT CHRISTOPHER OKPATTA (APPLICANT)<o:p></o:p>[HIGH
COURT, KUMASI]<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. LIMSC 6/2019&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;4TH FEBRUARY, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>DIANA
ESSIEN FOR APPLICANT<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">

</div>CORAM:<o:p></o:p>FRANCIS
OBIRI (HIGH COURT JUDGE)<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
border-left:none;border-bottom:solid windowtext 1.5pt;border-right:none;
padding:1.0pt 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>This
court has been called upon to determine the propriety or otherwise of the
proceedings conducted by the Regional Disciplinary Board Kumasi, and which was confirmed
by the Central Disciplinary Board, Accra in respect of the applicant.<o:p></o:p><o:p>&nbsp;</o:p>The applicant per the contents
of his application filed on 2nd November 2018 is praying this court,
for an order of certiorari directed at the Central Disciplinary Board Accra to
bring up into this court for purposes of being quashed; the decision of the
Central Disciplinary Board, which reduced his&nbsp;
&nbsp;rank from Detective Sergeant
(D/Sgt) to General Corporal (G/CPL).&nbsp; The
decision was made on 22nd August, 2018.<o:p></o:p>The facts behind this
application are that, the applicant was charged with the offence of misconduct contrary
to section 82 (i) (h) (iii) of the Police Service Regulation, 2012 (CI 76)<o:p></o:p>He was alleged to have
extorted an amount of GH₵1700 from the family of
four suspects he was investigating their case as detective officer on or around
12th April 2016.&nbsp; <o:p></o:p>According to the facts,
this was brought to the attention of the Divisional Commander of Ghana Police
Service, Asokwa.&nbsp; The facts continue
that, when the applicant was confronted with the issue, he denied same.&nbsp; He was searched and an amount of GH₵1700
was retrieved from him. &nbsp;&nbsp;He however
claimed the amount was his monthly salary.&nbsp;
&nbsp;He was later charged with an
offence of misconduct contrary to section 82 (i) (h) (iii) of CI 76.&nbsp; A formal proceeding was held in respect of
the charge under regulation 101 (c) of CI 76.&nbsp;
This was under the authority of the Regional Disciplinary Board, Kumasi.<o:p></o:p>The officer who held the
service enquiry recommended among other things that, he should be reverted to general
Police duties.<o:p></o:p>The Ashanti Regional
Disciplinary Board also recommended as follows: <o:p></o:p>(a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
That, the applicant should be reverted from
a detective to general Police duties.<o:p></o:p>(b)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
He should also be reprimanded severely.<o:p></o:p>On 22nd August
2018 however, the Central Disciplinary Board Accra, imposed a sentence of
reduction in rank from General Sergeant to General Corporal with effect from,
23rd February 2017 on the applicant.&nbsp;
<o:p></o:p>The applicant, who is
aggrieved by the sentence imposed on him by the Central Disciplinary Board
Accra, has mounted this application invoking the supervisory jurisdiction of
this court through a motion filed on 2nd November 2018.<o:p></o:p>The motion is supported by
affidavit and exhibits.&nbsp; His counsel
subsequently filed a statement of case in support of his application.&nbsp; <o:p></o:p>I wish to recap the
relevant paragraphs of the affidavit in support in this judgment.<o:p></o:p>