Hamza Vrs Inspector General Of Police [2022] GHASC 44 (13 January 2022)

Hamza Vrs Inspector General Of Police [2022] GHASC 44 (13 January 2022)

The Regional Disciplinary Board had jurisdiction to conduct disciplinary proceedings and recommend dismissal of the appellant, a constable, and the Central Disciplinary Board lawfully approved the penalty as required by the regulations. There was no requirement for a fresh hearing by the Central Board, and the appellant's right to a fair hearing was not breached. The subsequent re-arrest of escapees was only relevant for mitigation, not exculpation. The appeal was therefore without merit.

Citation
[2022] GHASC 44
Parties
Plaintiff/respondent/appellant: Choro-Padoh Kwanimbi Hamza; Defendant/appellant/respondent: Inspector General of Police; Defendant/appellant/respondent: Attorney General
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
13 January 2022
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Disciplinary Procedures, Police Service Regulations, Unlawful Dismissal, Audi Alteram Partem, Review of Administrative Decisions
Source Language
English
Administrative Law Employment Law Disciplinary Proceedings Disciplinary Procedures Police Service Regulations Unlawful Dismissal Audi Alteram Partem Review of Administrative Decisions

Case Brief

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Parties

Choro-Padoh Kwanimbi Hamza

Plaintiff/respondent/appellant

Inspector General of Police

Defendant/appellant/respondent

Attorney General

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the disciplinary procedures under the Police Service (Disciplinary Proceedings) Regulations 1974 (L.I. 993) were properly followed in the dismissal of the appellant
  2. 2 Whether the Central Disciplinary Board was required to conduct a fresh hearing under Regulation 16(d)
  3. 3 Whether the appellant's right to a fair hearing was breached

Ratio Decidendi

The Regional Disciplinary Board had jurisdiction to conduct disciplinary proceedings and recommend dismissal of the appellant, a constable, and the Central Disciplinary Board lawfully approved the penalty as required by the regulations. There was no requirement for a fresh hearing by the Central Board, and the appellant's right to a fair hearing was not breached. The subsequent re-arrest of escapees was only relevant for mitigation, not exculpation. The appeal was therefore without merit.

Court Disposition

appeal dismissed