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Appointment of IGP unconstitutional –Lawyer David Annan

A private legal practitioner, Lawyer David Annan has described President Nana Akufo-Addo’s appointment of the acting Inspector General of Police (IGP) as a violation of Article 202 of the 1992 Constitution.

According to him, the President is constrained by Article 202 (1) of the Constitution to consult the Council of State in appointing the IGP.

President Nana Akufo-Addo Wednesday named COP David Asante Apeatu as the acting IGP, replacing John Kudalor who is reported to have officially retired from the police service.

Speaking on the Gold Power Drive with Samuel Eshun, Lawyer David Annan noted that, the President by law is to consult the Council of State and the Police Council for advice before making such appointments, but there was no Council of State in place at the time he made the appointment.

“The president has created some lapses in the Constitution because, the Council of State is dissolved, and again the law states that in consultation with the Police Council. I’m not sure we even have both functional Councils in place when this appointment was made,” he said.

Article 202(1) of the 1992 Constitution of the Republic of Ghana states that, the Inspector General of Police (IGP) shall be appointed by the president, acting in Consultation with the Council of State, and Article 202 (2) also states that, the power to appoint persons to hold or to act in an office in the Police Service shall vest in the president, acting in accordance with the advice of the Police Council.

There is presently no Council of State in place but the president has named David Asante Apeatu as IGP.

Lawyer David Anna therefore believes that, should anyone take the matter to the law court, the hearing of the case would be a very ‘interesting’ one.

Written by Web Master

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