NYAHO VRS. THE INSPECTOR GENERAL OF POLICE AND ANOTHER (HR/0039/2024) [2024] GHAHC 414 (24 October 2024)

NYAHO VRS. THE INSPECTOR GENERAL OF POLICE AND ANOTHER (HR/0039/2024) [2024] GHAHC 414 (24 October 2024)

The 1st Respondent's failure to promote the applicant after the Court of Appeal quashed the disciplinary proceedings was unjust and violated Article 23 of the 1992 Constitution. The court found jurisdiction as the issue of delayed promotion was not previously determined. The applicant is entitled to promotion to Chief Inspector.

Citation
NYAHO VRS. THE INSPECTOR GENERAL OF POLICE AND ANOTHER (HR/0039/2024) [2024] GHAHC 414 (24 October 2024)
Parties
Applicant: D/SGT Simon Nyaho; 1st Respondent: Inspector General of Police; 2nd Respondent: Attorney General
Court
ghahc
Jurisdiction
Ghana
Judgment Date
24 October 2024
Procedural Posture
Constitutional Application / Judgment
Outcome
Application granted in part
Legal Topics
Promotion in Public Service, Police Disciplinary Proceedings, Fair Administrative Action, Res Judicata
Source Language
eng
Constitutional Law Administrative Law Employment Law Promotion in Public Service Police Disciplinary Proceedings Fair Administrative Action Res Judicata

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Parties

D/SGT Simon Nyaho

Applicant

Inspector General of Police

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Constitutional Application / Judgment

Legal Issues

  1. 1 Whether the 1st Respondent acted unfairly in refusing to promote the applicant
  2. 2 Whether the court has jurisdiction given alleged res judicata
  3. 3 Whether the applicant is entitled to promotion and related benefits

Ratio Decidendi

The 1st Respondent's failure to promote the applicant after the Court of Appeal quashed the disciplinary proceedings was unjust and violated Article 23 of the 1992 Constitution. The court found jurisdiction as the issue of delayed promotion was not previously determined. The applicant is entitled to promotion to Chief Inspector.

Court Disposition

Application granted in part

Orders

  • 1st Respondent to promote applicant to Chief Inspector effective with last batch promoted in 2024, order to be effected immediately.
  • Applicant recommended for next batch of officers to undergo Police College training for consideration for Assistant Superintendent of Police.