Has Akufo-Addo reduced the powers of Dampare with his appointment of Yohuno as Deputy IGP?

The appointment of Commissioner of Police (COP) Christian Tetteh Yohuno as the new Deputy Inspector-General of Police (IGP) in charge of Operations by President Nana Addo Dankwa Akufo-Addo, has sparked controversy in the country.

Akufo-Addo’s decision, made after a meeting with the Police Council, has led to speculation that the ruling New Patriotic Party aims to diminish the authority of the current IGP, Dr. George Akuffo Dampare, by appointing a deputy IGP.

But, even if the President's intention is to reduce Dampare's power, has he acted inappropriately?

What the Constitution says about the President and his authority over the IGP

Article 202:

Article 202 of the 1992 Constitution, which gives the President the power to appoint the IGP, states that the IGP “shall be head of the Police Service and shall, subject to the provisions of this article and to the control and direction of the Police Council, be responsible for the operational control and the administration of the Police Service.”

Additionally, the article gives the president the authority to appoint individuals to hold or act in an office within the Police Service, following the advice of the Police Council.

Regulation Police Service Regulations, 2012 (C.I. 76)

In addition, the Regulation Police Service Regulations, 2012 (C.I. 76), also lists the deputy IGP as one of the positions in the membership of the police force, and the designation comes second to only the IGP position in the command structure.

Article 195:

Article 195 of the Constitution, which also touches on the appointment of the IGP with the police service being a public service, also indicates that the President can delegate the functions of his appointments.

The article states that:

(1) Subject to the provisions of this Constitution, the power to appoint persons to hold or to act in an office in the public services shall vest in the President, acting in accordance with the advice of the governing council of the service concerned given in consultation with the Public Services Commission.

(2) The President may, subject to such conditions as he may think fit, delegate some of his functions under this article by directions in writing to the governing council concerned or to a committee of the council or to any member of that governing council or to any public officer.

(3) The power to appoint persons to hold or act in an office in a body of higher education, research or professional training, shall vest in the council or other governing body of that institution or body.

(4) The President may, subject to such conditions as he thinks fit, delegate some of his functions under this article by directions in writing to the Police Council or to a committee, or to a member, of the Council.

In summary, the law indicates that the President has the authority to appoint a Deputy IGP and delegate some of the IGP's functions to that individual.

So why are security experts and CSOs concerned about Akufo-Addo’s appointment of the Deputy IGP?

The primary concern revolves around the timing of the appointment, especially given its proximity to the December 7, 2024 election, and reports of NPP officials seeking to remove IGP Dampare.

Furthermore, leaked information about a plot to oust the IGP, where senior police officers expressed dissatisfaction with Dampare for not aligning with the NPP’s objectives in the upcoming polls, has raised suspicions.

Many have questioned why the president waited until five months before the 2024 elections to appoint a Deputy IGP.

Renowned legal practitioner Martin Kpebu, in an interview with GhanaWeb, addressed these concerns.

He noted that the president, according to the country's laws, acted within his rights in appointing a Deputy IGP.

“The black letter of the law says that we must have a Deputy IGP. It is a position that is recognised in CI 76. When you go to the second schedule, they tell you that the senior police officers in the Ghana Police Service are the Inspector General of Police and the next person is the Deputy Inspector General of Police; then the next is Commissioner of Police… So, on paper, you can't fault the president for the appointment,” he said.

However, Kpebu emphasized that the timing of the appointment raises concerns, suggesting that it may be an attempt to limit the IGP's powers due to dissatisfaction with his performance.

“When you come to the practical side, which we are all very concerned about, then you see that because currently the establishment, that is the government, does not appear to be that happy with the IGP, especially stemming from his stellar performance in the Assin North by-election. The NPP apparatchiks were not happy - they wanted more leeway to be able to do some other things, to be able to win and it didn’t happen, etcetera,” he said.

He highlighted that the Deputy IGP's role in overseeing police operations could potentially undermine the IGP's authority.

He added “So, the moment you see the appointment of a Deputy IGP close to the election, then you begin to think that that appointment is being done so that they can find a leeway around the IGP. I strongly hold that this appointment is a way of going around the IGP. Because you see, if you are appointed Deputy IGP and say that you should be in charge of operations, that is a big portfolio. So the officers will report directly to you (the Deputy IGP) before it goes to the IGP. So, it’s a way of cutting down practically on the powers of the IGP.”

BAI/OGB

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