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Appointing new IGP while injuction is pending is contempt of court – Kofi Bentil

The government’s move to name a new Inspector General of Police (IGP) while a Supreme Court verdict about the dismissal of the previous IGP is still pending has been sharply criticized by Kofi Bentil, vice president of IMANI Africa.

He asserts that it is improper and disrespectful of the nation’s highest court for President John Mahama to have removed Dr. George Akuffo Dampare from his position and replaced him with COP Christian Tetteh Yohuno.

Mr. Bentil said on JoyFM’s Top Story that it is illegal and disrespectful to do anything that would undermine or make the court’s ruling ineffective while a matter is in court.

“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 where 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,” he said,” he said.

He clarified that the President has appointed a new IGP, which he feels is a clear disrespect for judicial authority, even though the Supreme Court has heard arguments from all sides and set a date for its decision.

“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 circumstance, 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 ruled 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.

Mr Bentil argued that this case is not about specific individuals, such as former IGP George Akuffo Dampare or newly appointed IGP Christian Tetteh Yohonu, but rather about safeguarding 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 Yohonu. I knew IGP Yohonu 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,” he stated.

“It is very unfortunate that the former IGP has been replaced,” Mr. Bentil said, adding that he expects the required modifications will be done when the Supreme Court’s decision is issued and if it is in their favor.

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