The High Court in Kumasi, presided over by Justice Frederick Tetteh, has dismissed a lawsuit filed by a group of Chief Police Inspectors against the Inspector General of Police, the Police Management Board and the Attorney-General.
The officers had sought promotion under a special amnesty without undergoing a competitive examination but failed to prove their case.
Delivering his judgment, Justice Tetteh ruled that the plaintiffs had not provided sufficient grounds to establish that there was an existing convention since 2012 that allowed them direct entry into the police academy, without taking promotion exams.
“Even though this court feels considerable sympathy for the plaintiffs, they have woefully failed to discharge the burden on them to prove their case on the preponderance of probabilities,” the judge stated.
He, therefore, dismissed their claims in its entirety.
The court, however, urged the Ghana Police Service to strictly adhere to the country’s laws and ensure that the outcome of the case is not used as a tool to deny the plaintiffs a fair chance at promotion through the established processes. No costs were awarded against the plaintiffs.
Background of the Case
The case, led by Chief Inspector Christopher Okpattah and other plaintiffs, challenged the decision of the Ghana Police Service to exclude them from a special amnesty promotion granted to other ranks in 2021.
The plaintiffs argued that officers who passed out of the Ghana Police Service Training School before December 31, 2008 and obtained University degrees by December 31, 2020 were instructed to submit their degree certificates for consideration in a special promotion exercise.
They claimed they duly complied with the directive but were overlooked. The plaintiffs pointed out that General Corporals, Sergeants and Inspectors had received promotions through the special amnesty, but Chief Inspectors, like themselves, were only congratulated without any rank advancement.
They contended that this created an unfair situation where they remained on the same rank as their juniors. They sought an order compelling the police administration to;
- Promote them to the rank of Assistant Superintendent of Police (ASP) with incremental credits,
- Grant them direct entry into the Police Academy,
- Compensate them for lost income resulting from the denied promotions.
Police Administration’s Defense
The Ghana Police Service, in its defense, argued that the plaintiffs had already attained the maximum rank for junior officers (Chief Inspector Maximum) and could only advance to the senior officer level through a competitive examination or a special recommendation by the Police Council.
The police administration maintained that the special amnesty promotion was an administrative policy decision to meet specific needs at the time.
It stated that academic qualifications alone do not guarantee promotions, as factors such as competence, professionalism and dedication are also considered.
Court’s Ruling
The court ruled that the burden of proof lay with the plaintiffs and they failed to provide sufficient evidence to support their claims.
It emphasised that promotions in the Ghana Police Service are regulated by C.I. 76 which mandates competitive examinations for officers moving to senior ranks, unless they receive special recommendations.
Citing legal precedents, Justice Tetteh reiterated that those who claim an entitlement to a benefit must provide credible evidence.
Since the plaintiffs could not establish that a binding convention existed for their automatic promotion under the special amnesty, their case was dismissed.
While the plaintiffs lost their case, the court’s directive for the police administration to uphold fairness in future promotions provides a potential path for their advancement through the standard processes.
The post Police Chief Inspectors Thrown Out Of Court … Fail To Prove Case For Direct Entry Into Police Academy appeared first on The Ghanaian Chronicle.
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