DSP Tehoda Case Adjourned

DSP Gifty Mawuenyega

Counsel for the embattled former Deputy Head of the Police Commercial Crimes Unit, DSP Gifty Mawuenyega Tehoda, who has filed a contempt application against two top police officials, yesterday informed an Accra Fast Track High Court Human Rights Division that they would serve notice on the police to provide certain documents that are crucial to their case.

Lawyer Oliver Dzeble told the court, presided over by Justice Kofi Essel Mensah that they would serve notice on the Ghana Police Service to make available proceedings of the service enquiry that led to her dismissal.

The respondents are Nantogmah Yakubu Aggrey, Chief Superintendent of Police in charge of the Rapid Deployment Unit, who was the trial officer during the service enquiry and Commissioner of Police Rose Bio Atinga, the Chairman of the Central Disciplinary Board, who the applicant claims disobeyed a court order.

The trial judge accordingly gave the green light for Mr Dzeble to do so.

The matter has been adjourned to October 7 2013.
The applicant was in court with her husband.
CSP Nantogmah and Commissioner Bio Atinga are alleged to have undermined the authority of the high court by proceeding to conduct service enquiry when the applicant had served them with copies of suit challenging her interdiction by the Ghana Police Service.

In addition to the contempt, DSP Tehoda has filed a suit to enforce her human rights.

Counsel for the applicant filed the contempt at the time when the substantive case was pending and sought an order of prohibition against the IGP, the trial officer from proceeding with the Internal Service enquiry until the matter was determined by the court.

However, the applicant alleged that the respondents went ahead with service enquiry, which resulted in her dismissal.

According to the applicant, the respondents undermined the authority of the court and must be cited for contempt.

In the new writ, the applicant is seeking 11 to 12 reliefs, including a declaration that her detention in cells beyond 48 hours by the Bureau of National Investigation (BNI) was unlawful.

The applicant is seeking compensation by way of damages due to her unlawful detention by the state.

The applicant is also seeking a declaration that her prosecution by the state over the alleged swapping of cocaine was malicious because the facts put before the court could not establish any criminal charges against her.

Mr. Dzeble said the state occasioned damages because it hurriedly went to court to prosecute DSP Tehoda for six months and incarcerated her for 45 days incarceration.

They are also praying the court for compensation for her unlawful dismissal, as well as an order against the Inspector General of Police to re-instate her with all the benefits.

DSP Tehoda was alleged to have assisted Nana Ama Martins, a suspected cocaine dealer, to escape prosecution after a cocaine exhibit turned into baking soda.

She was arrested by the BNI after the security agency conducted investigations into how the 1,020 grammes of cocaine turned into baking soda as directed by the then Vice President Mahama.

The investigations, according to the prosecution, revealed that DSP Tehoda knew about the swapping of the substance and Nana Ama Martins, the lady who allegedly owned the cocaine.

She was put before an Accra Circuit court presided over by Francis Obiri on a charge of abetment of crime. However, the case was dismissed after the prosecution, led by Rexford Wiredu asked the court to do so and she was discharged unconditionally.

By Fidelia Achama