Feature/ INDEPENDENCE OF THE POLICE
THE INDEPENDENCE OF THE POLICE
By Michael Kenetey Kofi, Student of GIJ.
Chapter 15 Article 200 Clause 1 of the 1992 constitutions stated that there shall be a Police Service of Ghana and Clause 2 of the same Article 200 stated that the Police Service shall be equipped and maintained to perform its traditional role of maintaining law and order.
In proportion to Section 1 of the Ghana Police Service Act, made provision that it shall be the duty of the Police Service to detect crime, to apprehend offenders, and maintain public order and the safety of persons and property .
The police service since the gaining of Ghana's independence, the Inspector General of Police (IGP) is being appointed by the government in power. The police service then form a Council which include the Vice President who will be the Chairman of the Council, the Minister responsible for Internal Affairs, the Inspector General of Police, the Attorney General or a representative, a Lawyer from the Ghana Bar Association, a Retired Senior Police Officer and two members of the Police Service appointed by the president, in consultation with the Council of State who shall be Junior rank and two other members appointed by the President.
The provisions by Articles 201 and 202 make the Police Service a very power institution in the country but comes under the strict control of every government that comes into power. This was because of the past events that pertained where security officers are involved in the overthrow of governments before the 1992 Constitutions came into existence.
During the period that such provisions were made in the constitution, our democracy was a baby, and we need to protect and nurture it to grow to avoid overthrow of any government. But now our democracy has grown and the constitutions have existed over twenty - seven years now and I think is time the provisions of the Articles 201 and 202 of the 1992 constitution must be looked at once again since you cannot continue to feed a young man at the age of 27 and 62 with breast milk like a baby.
This is because the country and the constitutions have come of age and the President appointing the IGP and members of the Police Council makes the police impotent because they want to work to please and also hold allegiance to the President, in power, who appointed them. This has made the police service very porous, weak and a dead lion when it comes to issues relating to people in government. The time has come for the Police to be given the power to elect their leaders especially the Inspector General of Police through election by the high ranking members of the Police Service. This will make them elect a leader who will not hold allegiance to any President that comes to power.
Due to the police holding allegiance to the government in power, people in government continue to misconduct themselves many reasons especially the various vigilante groups like the Hawks, Azorka Boys, Delta Force, Invincible Forces of the two strong political parties (NPP and NDC) violate the laws and go Scott free because their government is in power.
The police find it very difficult to bring such perpetrators to book and prosecute them since their hands are tied to a tree at their back. We all heard of what members of the Delta Force of the NPP did just after the NPP came into power, seizing toilets, taking over government institutions and to the extent of entering a court to chase out a judge who was presiding over a case involving members of the Delta Force. Would these vigilante groups continue to misconduct themselves provided they know that the police can deal with them drastically if they misbehave but the hands of the police are tied to a tree at their back and been forced to use their tied hands to fight against those vigilante groups and law brokers?
According to Mr. Adam Bonaa a Security Expert, he said to engender the Independence of the Police Service; they should be given the power to elect their Inspector General of Police. He added that in doing that it will make it easy for the police to be more efficient and be able to fight crime, maintain law and order, protect properties and ensure the safety of the citizenry.
He added that in the UK, US and Kenya in East Africa, the President makes recommendation and leaving the police to make the final decision by electing the one who will be their IGP.
Ghana first head of the Commission of Human Rights and Administrative Justice(CHRAJ) and the Chairman of the Commission, Justice Emile Short that probed into the Violence that pertained during the Ayawaso West-Wuogon By-Election once of the view that the President should not have any hand in the appointment of the Inspector General of Police. He added that the current trend is erroneous.
He maintained that the President should be restricted to the appointment of his ministers and his members of government. Justice Short argued that the appointment of heads of public institutions and other public officials should be the lone onus of those public bodies, and that will make them work efficiently without any fear or favour.
According to the Police, it will be welcoming news if the people of Ghana pushed for the independence of the Police Service, and they have the Independence to appoint or elect their IGP and its Council Members because the presence of Council members who are appointed by the President thwarts their independence and professionalism in the discharge of their duties.
They suggested that it will be better if the leadership of the police will be a tenure based system where no political party or president can boot out any IGP from office. They added that there should be clear definitions of the work of the IGP which could lead to the sack of the IGP regardless of who appoint the person in that position. According ACP Benjamin Agordzor during a round table discussion organized by the Institute of Democratic Governance (IDEG) on political vigilantism called for the depoliticization of the Police Council to enable the Police Service to work objectively and effectively without any interference.
If we the citizens in this lovely country want our safety and security to be guaranteed then we need to put pressure on our Legislators, the Judiciary and the Executive especially the President to make amendment to the Articles 201 and 202 of the 1992 Constitution to ensure the Independence , Professionalism and the Efficiency of the Police.
This will make the Police be able to work and achieve their motto which is service with integrity.
By Michael Kenetey Kofi, Student of GIJ.
Chapter 15 Article 200 Clause 1 of the 1992 constitutions stated that there shall be a Police Service of Ghana and Clause 2 of the same Article 200 stated that the Police Service shall be equipped and maintained to perform its traditional role of maintaining law and order.
In proportion to Section 1 of the Ghana Police Service Act, made provision that it shall be the duty of the Police Service to detect crime, to apprehend offenders, and maintain public order and the safety of persons and property .
The police service since the gaining of Ghana's independence, the Inspector General of Police (IGP) is being appointed by the government in power. The police service then form a Council which include the Vice President who will be the Chairman of the Council, the Minister responsible for Internal Affairs, the Inspector General of Police, the Attorney General or a representative, a Lawyer from the Ghana Bar Association, a Retired Senior Police Officer and two members of the Police Service appointed by the president, in consultation with the Council of State who shall be Junior rank and two other members appointed by the President.
The provisions by Articles 201 and 202 make the Police Service a very power institution in the country but comes under the strict control of every government that comes into power. This was because of the past events that pertained where security officers are involved in the overthrow of governments before the 1992 Constitutions came into existence.
During the period that such provisions were made in the constitution, our democracy was a baby, and we need to protect and nurture it to grow to avoid overthrow of any government. But now our democracy has grown and the constitutions have existed over twenty - seven years now and I think is time the provisions of the Articles 201 and 202 of the 1992 constitution must be looked at once again since you cannot continue to feed a young man at the age of 27 and 62 with breast milk like a baby.
This is because the country and the constitutions have come of age and the President appointing the IGP and members of the Police Council makes the police impotent because they want to work to please and also hold allegiance to the President, in power, who appointed them. This has made the police service very porous, weak and a dead lion when it comes to issues relating to people in government. The time has come for the Police to be given the power to elect their leaders especially the Inspector General of Police through election by the high ranking members of the Police Service. This will make them elect a leader who will not hold allegiance to any President that comes to power.
Due to the police holding allegiance to the government in power, people in government continue to misconduct themselves many reasons especially the various vigilante groups like the Hawks, Azorka Boys, Delta Force, Invincible Forces of the two strong political parties (NPP and NDC) violate the laws and go Scott free because their government is in power.
The police find it very difficult to bring such perpetrators to book and prosecute them since their hands are tied to a tree at their back. We all heard of what members of the Delta Force of the NPP did just after the NPP came into power, seizing toilets, taking over government institutions and to the extent of entering a court to chase out a judge who was presiding over a case involving members of the Delta Force. Would these vigilante groups continue to misconduct themselves provided they know that the police can deal with them drastically if they misbehave but the hands of the police are tied to a tree at their back and been forced to use their tied hands to fight against those vigilante groups and law brokers?
According to Mr. Adam Bonaa a Security Expert, he said to engender the Independence of the Police Service; they should be given the power to elect their Inspector General of Police. He added that in doing that it will make it easy for the police to be more efficient and be able to fight crime, maintain law and order, protect properties and ensure the safety of the citizenry.
He added that in the UK, US and Kenya in East Africa, the President makes recommendation and leaving the police to make the final decision by electing the one who will be their IGP.
Ghana first head of the Commission of Human Rights and Administrative Justice(CHRAJ) and the Chairman of the Commission, Justice Emile Short that probed into the Violence that pertained during the Ayawaso West-Wuogon By-Election once of the view that the President should not have any hand in the appointment of the Inspector General of Police. He added that the current trend is erroneous.
He maintained that the President should be restricted to the appointment of his ministers and his members of government. Justice Short argued that the appointment of heads of public institutions and other public officials should be the lone onus of those public bodies, and that will make them work efficiently without any fear or favour.
According to the Police, it will be welcoming news if the people of Ghana pushed for the independence of the Police Service, and they have the Independence to appoint or elect their IGP and its Council Members because the presence of Council members who are appointed by the President thwarts their independence and professionalism in the discharge of their duties.
They suggested that it will be better if the leadership of the police will be a tenure based system where no political party or president can boot out any IGP from office. They added that there should be clear definitions of the work of the IGP which could lead to the sack of the IGP regardless of who appoint the person in that position. According ACP Benjamin Agordzor during a round table discussion organized by the Institute of Democratic Governance (IDEG) on political vigilantism called for the depoliticization of the Police Council to enable the Police Service to work objectively and effectively without any interference.
If we the citizens in this lovely country want our safety and security to be guaranteed then we need to put pressure on our Legislators, the Judiciary and the Executive especially the President to make amendment to the Articles 201 and 202 of the 1992 Constitution to ensure the Independence , Professionalism and the Efficiency of the Police.
This will make the Police be able to work and achieve their motto which is service with integrity.
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