The Accra High Court on Friday, October 22 ordered Assistant Commissioner of Police (ACP) Dr Benjamin Agordzo to serve an ex-parte motion on the Inspector General of Police (IGP) and the Attorney General (AG) to compel the IGP to revoke an interdiction order on him.
Being one of the accused persons standing trial with nine others over an alleged treason, ACP Agordzo has applied for a judicial review of the refusal of the IGP to invoke an interdiction order made in pursuant to Regulation 105(1) of the Police Service Regulation, 2012 CI 76.
The court, presided over by Mrs Olivia Obeng Owusu, adjourned the matter to November 22, 2021, for hearing as well as to allow the respondents; the IGP and the Attorney General, the principal legal advisor of government, to be present as they were absent when the case was called on Friday.
This would also allow the court to study the motion in which Mr Martin Kpebu, his counsel, has sited seven authorities.
The application stated that the interdiction order imposed on him on November 8, 2019 was unlawful and ought to be revoked, adding that the reduction of his salary by 25 per cent and being relieved of all duties as a police officer should be addressed.
In the affidavit to support his claim, it said that the IGP did not revoke it for the reason that it would undermine the applicant's right of presumption of innocence, thus the need for judicial review.
Furthermore, it said the purpose of the CI 76 was for internal regulation of the Police Service for investigation and disciplinary or criminal proceedings only.
The provisions relied on by the IGP referred to members of the Service convicted of criminal offences, the affidavit said, and that although he had not been convicted of any criminal offence, the IGP insisted on relying on those provisions to continue the illegality, therefore, the court must intervene in order for his rights not to be trampled upon.