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IN THE SUPERIOR COURT OF JUDICATURE

IN THE HIGH COURT OF JUSTICE :ACCRA
(GENERAL JURISDICTION)
ACCRA- A.D. 2024

SUIT N0.

IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW

UNDER ARTICLE 141 OF THE 1992 CONSTITUTION

AND

ORDER 55 OF HIGH COURT (CIVIL PROCEDURE) RULES, 2004, (C.I47)

AND

THE INHERENT JURISDICTION OF THE HIGH COURT

REPUBLIC

VERSUS

INSPECTOR GENERAL OF POLICE 1ST RESPONDENT

RESPONDENT
Headquarters
Police

Ring Road East,

Cantonment, Ghana

ATTORNEYGENERALAND MINISTER OF JUSTICE 2ND RESPONDENT

Ministry of Justice and Attorney General's Department
P.O. Box M60, Accra.

EX PARTE:

SERGEANT DAVID OJEYIM APPLICANT

5Deedaw lane, Madina
Accra.
 AND NINE OTHERS SPECIFIED IN THE ANNEXURE ATTACHED HERETO.

MOTION ON NOTICE FOR JUDICIAL REVIEW PURSUANT TO ORDER 55 0F THE

HIGH COUERT (CIVIL)PROCEDURE RULES 2004, C.I. 447 AND THE INHERENT
JURISDICTION OF THE HIGH COURT

TAKE NOTICE that Court shall be moved by

this honourable ISSIFU KADIRI ABDUL
RAUF ESQ, counsel and on behalf of the Applicants pursuant to Order 55 of the High
for
Court(Civil Procedure) Rules, 2004 (C.I. 47)and the Inherent Jurisdiction of the High Court
praying the Court to, on the ground set forth in the accompanyingaffidavit make:

o An order of Certiorari tobring up to this Honourable Court to have quashed the decision
of the 1st Respondent communicated to the Applicants on October 1, 2024, transferring
them from their current posts to other parts of the country.

o An orderof injunction restraining the 1st Respondentfrom interfering with the posting
movement and transfer of personnel of the Ghana Police Service.

o An order of injunction restraining the 1st Respondent from further instituting any
disciplinary action against the Applicants.

o Any other Order(s) that the Honourable Court may deem fit

cOURTTO BE MOVED on the day of 2024 at 9 0'clock in the

forénon or so soon thereafter asCounsel for andon behalf ofthe Applicant may be heard.

DATED AT THE LAW OFFICES OF IN ACCRA THIS 28gTH DAY OF OCTOBER 2024.

ISSIFU KADIRI ABDUL RAUF ESQ

Sol. Lic. No.: eGARO7630/24
BP No.: PO003158233
TIN No.: POO03158233
Solicitor forthe Applicant
TO:

THE REGISTRAR
HIGH COURT
(GENERAL JURISDCITION)
ACCRA

AND TO THE ABOVE-NAMED RESPONDENT

 INTHE SUPERIOR COURT OF JUDICATURE
IN THE HIGH COURT OF JUSTICE
(GENERAL JURISDICTION)
ACCRA- A.D. 2024

SUIT N0.:

IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW

UNDER ARTICLE 141 0F THE 1992CONSTITUTION

AND

ORDER 55 OF HIGH COURT (CIVIL PROCEDURE) RULES, 2004,(C.I.47)

AND

THE INHERENT JURISDICTION OF THE HIGH COURT

REPUBLIC

VERSUS

THE INSPECTOR GENERAL OF POLICE 1st RESPONDENT

Police Headquarters

Ring Road East,Cantonment,Ghana

THE HON. ATTORNEY GENERAL 2ND RESPONDENT

Attorney-General's Department [Link] M60, Ministries

Accra.

EX PARTE:
2000084161
1ST APPLICANT
Sergeant David Nathaniel Odzeyem

5, Deedaw lane, Madina,

Accra.
 AFFIDAVIT IN SUPPORT OF MOTION FOR JUDICIAL REVIEW

ISergeantDavid NathanielOdzeyem a police oficer of No 5 Deedaw lane,

Madina Accra. do hereby make oath and sayas follows:

1. That I am the Deponent herein

2. That I am the 1st Applicanthereinby which capacity I have theconsent and

authority ofall the other Applicants to depose to this affidavit.

3. That the facts deposed to hereinarematterswithinmy personalknowledge,

informationand belief.

4. That the facts deposed to hereinarematterswithin my personalknowledge,

informationand belief.

ofthis
5. That at the hearing of this application, Counsel shall seek leave
honourable Court to refer to all the processesfiled in this matter as if same
were set out in extenso hereinand sworn to on oath.

stationed at
6. That the Applicants are personnel of the Ghana Police Service
all

the Police Intelligence Directorate (PID),Police Headquarters,Accra.

as personnel of
7. That,the Applicantswere at all times diligent in their work
the Ghana Police Serviceand performed all tasks assigned to them by their
superiors.

the head of the Ghana Police Service and is responsible for

8. The Respondent is

Ghana Police Service.

the operationalcontrol and administrationof the

The Respondent in theexercise of his functions, shall be subject

to the
9.

Constitution and the Police Council-which by law may by way of

of its functions
Constitutional Instrument make regulations for performance
Police Service.
and the efficient administrationof the Ghana

by way of Constitutional Instrument to make

10. Pursuant to its powers to

its functionsand for the efficient

regulationsfor the performnace of
 administration of the Ghana Police Service, the Police Counselmade the
Police ServiceRegulations 2012 (C.L.76)on August 15,2012,to among other
things provide for the creation ofdirectorates and forthe assignment and
delegation of roles.

11. That, consistent with our duties as personnelof theGhana Police Service

assignedto PID,ASP Alhaji Jalil me that, the

Bawa communicated to

instruction ofthe Deputy InspectorGeneralof Police, for me to organise a

team to undertake an assignment on intelligence gathering. This was on
September 26, 2024.

12. In line with the instruction and directive givenby the Deputy Inspector
General of Police, enlisted the following
I
men-with myselfand all the other
on intelligence
Applicantsinclusive-toundertake the said assignment
gathering:

a. Sergeant Prince Owusu Fayosey

b. Sergeant Seidu Essilfie
c. Sergeant Alex Abah
d. Corporal John Yao Adzimagbor
e. Corporal Micheal Kwasi Avuyi
f. Corporal Huudu Muhammed Wumbe,
B. Corporal Kabiru Mohammed
h. Corporal Hannah Antwi- Boasiako
i. Sergeant Prince Owusu Fayosey.
Odoi,
J. IC/Inspector Alexander

at the residence of ASP Alhaji Jalil

Further to the above, a meeting was
held
13.
the scope of the assignment.
Bawa on September 27,2024, for briefing on

present with the exception of the

14. At the meeting,all the enlisted men were
Micheal Avuyi and Corporal Huudu
Sergeant Prince Owusu Fayosey,Corporal
driver to the
Muhammed Wumbe. Sergeant Seidu Essilfie,the personal
also joined the meeting albeit at the
Deputy ChiefofStaff atthe Presidency
end.

15. After the briefing,ASP Alhaji Jalil Bawa tasked me to create a WhatsApp
communication for the team
platform to enhance smooth and effective
was created on that same day
assembled for the assignment. The platform
to undertake the assignment added.
and the names of the personnel enlisted
 16. On Tuesday October 2024 atabout 1400 hours GMT, the Staff Officer ASP
1,

Mr. Julius Elemawusi Zodanu called me to his office where he informed

me
that DCOP Mr. Frederick Kwadwo Agvei
had brought in a transfer signal from

the Headquartersand had been tasked to warn me since

my name was on the
transfer list.

the said transfer signal letter and signed same to acknowledge

17. I received
realised that all the men who had met at the
receipt. On taking the signal, I

those added to the WhatsApp platform

residence ofASP/AlhajiJalil Bawa and
majority of the personneltransferred
had been affected by the transfer with
the Western Regions. Only
to in Upper West, Upper East and
remote areas to the
Alex Abah, had been transferred
one person in the name of Sergeant
at the Headquarters.
National OperationsDepartment

and instruction
assigmentwas at the direction
enlisted for the
18. Since the team
him on October 2,
of the Deputy Inspector
Generalof Police, we informed
with samne
directed us not to comply
2024 of the transfer signal wherefore he
any justification.
as it was dubious and without

the station diary which we

He further directed us to make an entry into
19.

complied.

at 2150
about
Inspector Hamid Zakariah
20. Consequently, together with,
I

the Police Intelligence Directorate and

hours GMT went to the reception of
Diaryas directed by the Deputy
made the necessaryentries in the Station
our failure to comply with the transfer
InspectorGeneralofPolice indicating

signal.

GMT the Staff Officer/PID called to

1100 hours
21. On 3rd October 2024 at about
for me. When enquired where
inform me that he had an important message
I
After
he told me it was from the ChiefStaff Officer.
the message came from,
and he
I quickly rang InspectorHamid Zackariah,
talking to him on phone,
told me he had also been called
by the Staff Officer to report for an important

message.

athis office where he invited in the

22. The two of us met with the Staff Officer

Atiiru, as a witness before

he
Acting Station Officer, ChiefInspectorMaxwell
started reading, we requested
started a message to us. As soon as he
reading
us,but he
that he give us the letter ora copy thereof sincethe content was for
said there was no copy available for us.
23. We allowed him to finish reading the content of the letter,which happened to
be a signal interdicting the two ofus. enquired from him the reason for our
I

interdiction to which he stated that no reason was given for our interdicuon.

He asked us to sign to indicate that we had been warned of the interdiction,

but we declined to sign on the grounds that no copies were made available for

Us.

afftected personal including

24. Later on the same day--October 3,2024-the
from drivers from the
the Applicants herein receiving phone calls
all
Services with the information that
we
Transport Unit of the Ghana Police
with immediate effect.
were to evacuate to our various stations

I verily believe same to

be true that, the
25. Ihave been advisedby Counseland a
is an administartive officer whose position is
InspectorGeneralof Police
creature of statute.

same to be true that, the

26. I am also advisedby Counseland I verily believe

a position created by statute, the powers

of
Inspector Generalof Police being
holder of the
which it may be exercised by the
the office and the extent to
office are matters deliniated
by statute.

verily believe same to be true that,

27. ThatI am further advised by Counsel and I

Police Service have been amply

make transfers in the Ghana
the power to
2012 (C.I. 76),which vests the
provided for in the Police Service Regulations
Board-a body the
authority to transferpersonnel in the National Transfer
even a member.
Inspector General of Police is not

verily believe same to be true that,

28. That I am again advised by Counsel and I

a
power or authority to unilaterally initiate
have the
the Respondent does not
Police Service any act ofthe
and that
of the Ghana
transfer of any personnel
is illegal and in
the Applicantsfrom PID
Respondent purportingto
transfer

law.
excess of his powers under

believe same to be true that

29. finally, I am advised by my counseland I verily its
Court ought to exercise
this a proper case where this honourable
is

discretion and make:

ofcertiorari directed at the 1st

a. An order of Judicial Review by way
the
lawful authorityhe transferred
Respondent to show by what
Applicantsfrom their currentposting:
 a. In absence ofsuch showing,issue an orderof Certiorari tothe Ist
Respondent and his assigns to bring up to this honourableCourt to have
quashed its decision communicated to the Applicants on October 1,
2024, transferring them from their current posting;

b. An order of injunction restraining the 1st Respondentfrom interfering

of personnel of the Ghana Police
with the posting movement and transfer

Service.

An order of injunction restraining the 1st Respondentfrom instituting

C.

further disciplinary action against the Applicants.

d. Any other Order(s) that the honourableCourt may deem fit.

swear to this affidavit in supportofthe motion.

WHEREFORE I

SWORNAT ACCRA}
DEPONENT
THISSDAY OF o Gme2024}

BEFORE ME

COMMISSIONER FOR OATHS

QUA

TEL: 0547708145

EOR
'ER
 IN THE SUPERIOR COURT OF JUDICATURE
IN THE HIGH COURT OF JUSTICE
(GENERAL JURISDICTION)
ACCRA- A.D.2024

SUIT NO.:

IN AN APPLICATION FOR JUDICIAL REVIEW UNDER

THE MATTER OF
ARTICLE 141 OF THE 1992CONSTITUTION AND ORDER55OF HIGH COURT
(CIVILPROCEDURE) RULES, 2004, (C,L47) AND THE INHERENT
JURISDICTION OF THEHIGH COURT

REPUBLIC

VERSUS

. INSPECTOR GENERAL OF POLICE 1ST RESPONDENT

Police Headquarters

Ring Road East, Cantonment, Accra, Ghana

. ATTORNEY GENERAL AND MINISTER OF JUSTICE2ND RESPONDENT

Ministry of Justiceand Attorney General's Department

P.O. Box M60, Accra.

EX PARTE:

SERGEANT DAVID NATHANIEL ODZEYEM 1* APPLICANT

5Deedaw lane, Madina

Accra.

AND NINE OTHERS SPECIFIED IN THE ANNEXURE ATTACHED HERETO0.

 STATEMENT OF CASE FOR AND ON BEHALF OF THE APPLICANTS IN

SUPPORTOF MOTION ON NOTICE FOR JUDICIAL REVIEW PURSUANT TO

ORDER 55 OF THE HIGH COURT (CIVIL PROCEDURE) RULES 2004, (C.l.4)
AND THE INHERENT JURISDICTION OF THE HIGH COURT

May it please My Lord.

INTRODUCTION.

motion on notice for Judicial Review

This statement of case is in support of the Applicant's

reliefs from this Honourable Court:

seeking the following

Court to have quashed the decision

• An order of Certiorari to bring up to this Honourable

the Applicants on October 2024, transferring

communicatedto
1,
of the ist Respondent

them from their current posts to other parts of the country

Respondent from further instituting any

the
An order of injunction restraining
-
disciplinary action against the Applicants

.An order directed at the 1 Respondent to always act within the Remit
of the police

service regulations.

Court may deem fit.

Any other Orderls)that the Honourable

Statementof Case shallbe in the following

this end, the structure of the Applicant's

tline:

s Introduction:

mmary of facts;

efs
Applicant's legal arguments; and

Applicant's concluding prayer.

SUMMARY OF FACTS

The relevant facts on which the Applicants'motion for Judicial Review is based are

particularly set out in the affidavit in support of the motion. Suffice to state however

that: The Applicants are personnel of the Ghana Police Servicestationed at the Police

on October1,2024,
Inteligence Directorate (PID),Police Headquarters, Accra. However,

they were informed of their transfer by the 1st Respondent from PID to remote areas in

UpperWest, Upper East and the Western Regions.

The said transfer, it is argued by the Applicants, is illegal as same is wrongful assumption

by Honourable Court.
of power by the Respondent and thus should be quashed this

RELIEFS

The Applicants are, by the motion, praying your Lordship to exercise the Honourable

Court's jurisdiction to grant the following reliefs:

o An order of Certiorari to bring up to this Honourable Court to havequashed the

decision of the st Respondentcommunicatedto the Applicants on October 1, 2024,

transfering them from their current posts to other parts of the country

o An order of injunction restraining the ist Respondentfrom interfering with the

posting movement and transfer of personnel of the Ghana Police Service.

o An order of injunction restraining the lst Respondentfrom further instituting any

disciplinary action against the Applicants.

 Any other Orderls) that the Honourable Court may deem fit

APPLICANT'S LEGAL ARGUMENT

e writ of certiorari, fundamentally, is issued againstpersons, who it is claimed are

urping the power/anyoffice or franchise,or iberty or privilege belonging to the

epublic, the test always being whether the office is of a public nature and not merely a

inisterial one, held at the will and pleasure of others (See the case of REPUBLIC

HIGH COURT REGISTRAR, KUMASI AND ANOTHER; EX PARTE

IADOM I [1984-86] 2 GLR 606-618.

Koranteng Addow J in the case of REPUBLIC

me venerable Cecilia

GIHOC; EX PARTE AMARTEY KWEI & ORS. [1982-83] GLR 510

ated the principle as follows

of the prerogative order of certiorari. Those

is no difficulty about the principles

stated by various text-writers on

-les are [Link] have been repeatedly

judges throughout the

utional and administrative law, and discussed by eminent

(3rd ed), Vol. Il where the nabure of

only wish to refer to Halsbury's Laws of England

and the scopewithin which the order may issue has also been
nedy is described

The order of certiorari is a means of controllinginferior courts and other persons

H.
dies having the legal authority to determine questions affectingthe rights of subjects

As Wade put it in his book, Administrative Law (2nd ed),

ing the duty to act judicially.

certiorari is Used to bring up into the High Court the decision of some inferior tribunal

ority in order that it may be investigated and if the decision does not pass the test it is

d.
ne law is wellsettled
regarding the grounds
for thegrant
of certiorari by the courts.
ertiorari willbe granted to
quash a decision of
a court,an
adjudicatingbody or an
ministrative body under any
of thefollowing
conditions:

where there is lack of

jurisdiction

where there is excess of

jurisdiction

where there is breach of natural justice rule

where there is an apparent error on the face of the record or

Where the judgment or the order is illegal or improper

REPUBLICV. HIGH COURT ACCRA, EX-PARTE SALLOUN (2011) 1

LR 774)

Lord in the Supreme Court case of Francis Owusu Mensah and Stephen
-Adjapong vr National board for Technical and vocational

kamination (NAPTEX). The court speaking through Yaboath JSC (as he then was)

ated that" Any fact-finding tribunal or commission of enquiry whether statutory or

which has made any decision based on evidence affectingrights of subjects would
t
acting judicially "and would thus be amenatble to the Supervisory Jurisdiction of the

urt" The court in the NAPTEX case Suprarelied on the oft-quoted dictum of Lord MR

RE PERGAMON PRESS LTD [I970 1CH 388 at 399 where the law was stated asfollows
 "Seeing that their work and their report may lead to such consequences, I am clearly of the

opinion that the inspectors must act fairly. This is a duty which rests on then as on other

bodies even though they are not judicial or quasai-judicial but only administrative."

It follows that the remedy of certiorari may be properly sought to set aside

administrative decisions such as the one made by the 1st respondent herein purporting

to transfer the applicants herein to various parts of the country.

the instantmatter, the question is whether

principles to the facts in
Applying these legal

various parts of the country the

ist
in purporting to transfer the applicants herein to

In other words, in purporting to transfer the

respondent acted within his authority.

conferred on another body

applicants, did the ist respondent thereby usurp the powers

by law?

a creature of statute by virtue of section 4 of the Police

The office of IGP is

Service Act, 1970 (Act 350).

and movements of
transfers,posting
Respectfuly. my Lord, the authority to effect
exclusively in the National Transfer
personnel in the Ghana Police service is vested

under the Police Service Regulation 2012

(C.I
Board (The board) created

76)(see regulation 38 of CI. 76).

been clearly spelt out in the said regulation 38 of C.I 76. It

Membership of the Board has

follows that the

is noteworthy that the 1st Respondentis not a member of the Board. It

in
Ist Respondentdoes not have the statutory authority to effect transfers of personnel

the Ghana Police Service and any purported transfer of personnel by the ist Respondent

is ultra vires the authority or powers of the lst Respondent.

 It is our contention that the
purported transfer of the applicants by the ist respondent
was unlawful and ultra vires the authorityof the lst
respondent.

In the case of REPUBLIC v. AKIM ABUAKWA TRADITIONAL

COUNCIL; EX PARTE ANTWI AND ANOTHER [1984-86]2 GLR 756-766
Abakah J stated as follows:

Ijealouslyand tenaciously cling to the concept thata body. call any name you like, which

it
proceeds to determine matters which by statuteare reserved to another bodymust be

subject to review by certiorari

• Itis, therefore, our contention that, by purportingto transfer the applicants herein,the

Ist respondent usurped the function which by regulation38 ofCI. 76 is reserved to

the National Transfer Board and the 1st respondent illegal conduct should be

subject to review by certiorari.

CONCLUDING PRAYER

Accordingly. we pray your Lordship to adjudge and declare the prayer of reliefs first

above mentioned.

DATED AT THE LAW OFFICESOF INACCRA THIS 28TH DAY OF 0CTOBER2024.

ISSIFU KADIRI ABDUL RAUF ESQ

Sol. Lic. No.: eGARO7630/24
BP No.: 3000084751
TIN No.: POO03158233
citor for the Applicant

EREGISTRAR

H COURT

NERAL JURISDCITIONJ

CRA

AND TO THE ABOVE-NAMED RESPONDENT

 ANNEXURE 1

INSPR. HAMID ZAKARIA 2ND APPLICANT

Blk C Room 12
Osu Police Barracks
Accra

G/[Link] NATHANIEL ODZEYEM 3RD APPLICANT

5Deedaw lane,GM- 012-1337,
Madina-ACCRA

4TH APPLICANT
G/SGT. SEIDUESSILFIE
Continental close
Flat A2,Roman Ridge
5TH APPLICANT
G/[Link] OWUSU FAYOSEY
Cn14 Bypass Rd
G-004-8273
Labone
6TH APPLICANT
G/CPL. JOHN YAO ADZIMAGBOR
Cn14 Bypass Rd
GI-004-8273
Labone
7TH APPLICANT
G/CPL. HUUDU MOHAMMED WUMBE
J61
Moli- Nukpa Cl
Ga-250-0073
Achimota
gTH APPLICANT
G/CPL. MICHAEL KWASI AVUYI
A607 Kailebist
Gb-024-7556
Ashaiman Newton/Sunrise
gTH APPLICANT
HANNAH ANTWI BOASIAKO
Coffee Street
Teshie Nungua Estate
10TH APPLICANT
MOHAMMED YUSSIFKABIRU
Headquarters Blc 5
CantonmentBarracks