REPUBLIC
V.
ASSISTANT SUPERINTENDENT OF POLICE, JASIKAN; EX PARTE DZANYIEKPOR

(1974) JELR 63637 (HC)    
High Court  ·  14 Oct 1974 ·  Ghana
 · 
Other Citations
[1974] 2 GLR 303
CORAM
ANDOH J.
Core Terms Beta
applicant
duty
police service
police service act
central disciplinary board
charges
major penalty
reasonable excuse
kadjebi police station
offence of misconduct
officer
proceedings
proper manner
particulars of offence
prisoner
criminal code
fact
ghana police service
official duties
plea of autrefois convict
police officer
present charges
regional disciplinary board
special plea of autrefois convict
alcoholic drink
applicant’s special plea
confidential information
conviction of the applicant
criminal charge
first place
fundamental principles
ground of double jeopardy-autrefois convict
hands of the applicant
inspector-general of police
lawful authority
learned state attorney
negligence of duty
officer’s recommendation
order of certiorari
particulars of the offences
political controversy
recommendation of the regional disciplinary board
said order of the central disciplinary board
second inquiring officer
second police service inquiry
second trial
service inquiry
similar objects
trial
unnumbered pair of handcuffs

ANDOH J.A.: Suspect in custody escaped from the hands of the applicant herein resulting in a service inquiry being held on him. The officer charged with the inquiry, found the applicant guilty of the offence of misconduct as defined by section 17 of the Police Service Act, 1970 (Act 350), and he was thus convicted.

The officer’s recommendation as to sentence was that the applicant be severely reprimanded. These were the recommendations sent to the Regional Disciplinary Board, Ho, by the official but upon the recommendation of the Regional Disciplinary Board, Ho, the Central Disciplinary Board, Accra, which had no authority whatsoever to impose a major penalty purported to impose that penalty by reducing the applicant from the rank of a sergeant to that of a corporal in the Ghana Police Service. Upon application by the applicant for an order of certiorari to issue and quash the said order of the Central Disciplinary Board, Accra, the court readily ordered that the order be brought befor…

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