Suit against removal of IGP, others: Effective date will be determined by Supreme Court – Kpebu

Private legal practitioner, Martin Kpebu, has said that the Supreme Court will decide whether or not its interpretation on the suit against the removal of the Inspector General of Police (IGP) and other heads of security agencies, should have a retrospective effect.

His comments come at a time when President John Dramani Mahama has removed Dr George Akuffo Dampare as the IGP and replaced him with Christian Tetteh Yohuno. The change was despite the court action instituted by Imani Ghana and security expert Professor Kwesi Aning.

The joint suit was seeking to restrain the President from removing the Inspector-General of Police and some other heads of the security agencies until an ongoing case relating to the matter is decided by the court in May 2025.

According to the plaintiff, the said security heads will be unfairly treated if they are removed before the matter which is pending before the Supreme Court is heard.

The development comes on the back of raging reports that the President intends to remove the Inspector-General of Police and other heads of security agencies.

In the suit, the plaintiffs prayed the court that “In the circumstance, I humbly and respectfully pray the honourable court for an order of interlocutory injunction restraining the Defendant/Respondent its principals, including His Excellency the President of the Republic, the respective Council of the Ghana Immigration Service, Ghana Police Service, National Fire.

 “Service, Ghana Prisons Service, and whomsoever or however described from removing, terminating, dismissing, sacking, suspending or whichever way described; the Director General of the Ghana Prisons Service, the Comptroller of the Ghana Immigration Service, the Director General of the National Fire Service and the Inspector General of Police from their respective positions as Heads of the Ghana Prisons Service, the Ghana Immigration Service, the Ghana National Fire Service and the Ghana Police Service pending the final determination of the suit”.

The suit further noted “That without a doubt, the suit, which raises very serious constitutional issues and with the balance of convenience heavily tilting in favour of the Applicants this application has merit.

“That the Defendant suffers no injury, should the application be granted, especially since, the decision is in no way far to be delivered; and more so, since, in the event Plaintiffs do not emerge victorious in the final action, the Executive will not be proscribed in exercising their rights of removal of any of these heads.

“That this is an apposite case which is just and convenient, that the instant application is granted”.

Asked what happens to the interpretation of the apex court in view of the appointment by the President, Martin Kpebu said on TV3’s Key Points on Saturday, March 15 that “when the Supreme Court comes out with the interpretation, the court will also decide whether it is prospective or retrospective.

“The Domelevo one, when it come out, by then it was too late, the horses had bolted, Domelevo had retired so it means that it is prospective. So a lot of time, most probable if  is a favourable interpretation comes for them it will be perspective, going for the new IGP.

“But usually IGP position is a security position, it is not one that you say is independent of the government, it is a security position so the president comes and then he has to take his own IGP.

“My sources say that Dampare did over lobbying, I hear everywhere the president went many people were telling him to keep Dampare, he went into an overdraft.”

Source: 3news.com