Hamza Vrs Inspector General Of Police & Anor [2022] GHASC 45 (13 July 2022)

Hamza Vrs Inspector General Of Police & Anor [2022] GHASC 45 (13 July 2022)

The Regional Disciplinary Board had jurisdiction to conduct disciplinary proceedings and recommend a major penalty against the appellant, a constable. The Central Disciplinary Board's approval of the penalty was in accordance with the law and did not require a fresh hearing. The procedures followed did not breach the appellant's right to a fair hearing. The subsequent re-arrest of escapees was only relevant for mitigation and did not nullify the misconduct or penalty. The appeal was without merit and was dismissed.

Citation
[2022] GHASC 45
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 July 2022
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Police Disciplinary Procedure, Unlawful Dismissal, Procedural Fairness, Judicial Review
Source Language
English
Administrative Law Employment Law Disciplinary Proceedings Police Disciplinary Procedure Unlawful Dismissal Procedural Fairness Judicial Review

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 leading to the appellant's dismissal complied with the Police Service Act and its Regulations
  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 a major penalty against the appellant, a constable. The Central Disciplinary Board's approval of the penalty was in accordance with the law and did not require a fresh hearing. The procedures followed did not breach the appellant's right to a fair hearing. The subsequent re-arrest of escapees was only relevant for mitigation and did not nullify the misconduct or penalty. The appeal was without merit and was dismissed.

Court Disposition

appeal dismissed