Kofi Bentil, Vice President of IMANI Africa
The Vice President of IMANI Africa, Kofi Bentil, has criticised the John Mahama administration’s decision to appoint a new Inspector General of Police (IGP) while a Supreme Court ruling on the removal of the former IGP is pending.
He holds the view that President Mahama’s decision to remove Dr. George Akuffo Dampare as IGP and replace him with COP Christian Tetteh Yohuno is wrong, describing it as contemptuous of the Supreme Court.
In an interview on Joy FM on Friday, March 14, Kofi Bentil said the legal principle is unambiguous: it is illegal and disreputable to take any action that compromises or nullifies the court’s ruling while a case is pending.
“When a case is before a court, it is contemptuous of the court for anybody to take an action that overreaches the court. … What it means is simply that you don’t do anything to make nonsense of a court ruling when it is imminent.
“Now, the action, therefore, of the executive is contemptuous of the highest court of this land because, for about a year now, a case has been filed before they came into office,” myjoyonline.com quotes him as saying.
According to Kofi Bentil, inasmuch as the apex court has heard arguments from all parties and scheduled a date for its ruling, the President has proceeded with appointing a new IGP—an action that, in his opinion, flagrantly flouts the authority of the courts.
“That confusion which will erupt is exactly the reason why no law-abiding person, when a case is before a court and the court is about to make a ruling, would go and try to overreach the court.
“Indeed, there is a school of thought that believes that under the circumstances, there is already an injunction in place, which is why we filed to confirm that injunction so that, if there is any doubt, nobody will act based on that.
“Now, being that as it may, that they have done what they’ve done, if the court rules that indeed the president should not remove any IGP or security head or whatever without just cause, what happens? We end up in a very, very terrible stalemate,” he said.
Bentil contends that this case is not about specific individuals, such as former IGP George Akuffo Dampare or newly appointed IGP Christian Tetteh Yohuno, but more about protecting the integrity of the security system.
“We did not speak for IGP Dampare. Myself and Prof. Anning here, we have been at this thing for years before IGP Dampare. We don’t speak for him, and we have no problem with anybody doing their job. We have no problem with IGP Yohuno. I knew IGP Yohuno many years before I even knew IGP Dampare, so it is not about the personalities; it is about the security services.
“Now, this will create confusion if that ruling comes out to hold our viewpoint that upon the reading of all the laws that are applicable, a president can appoint but may not remove a ranked officer without just cause.”
Mr. Bentil expressed his regret that the former IGP had to be removed, adding that he hoped the necessary corrections would be made if the Supreme Court’s decision was in their favor.
KA
Meanwhile, catch the first in the series of our special episodes on Forgotten Forts on People and Places on GhanaWeb TV below. This episode focuses on Fort Amsterdam at Abandze: