Judgement Debt C'ssioner Blasts Police

Esther Awuah 

THE SOLE Commissioner investigating the frivolous payment of huge judgement debts and compensations to individuals and companies, yesterday, condemned the Ghana Police Service for its negligence, which led to the payment of money to a certain individual.

According to Justice Yaw Apau, it was such laxities on the part of public officers which had forced the state to cough up several cedis as judgement debt to undeserving individuals and organisations.

The Police Service in 2006 auctioned an Opel Cadet taxi with registration number GW 3457 R which had been involved in an accident and parked for several days at the Nsawam Police station in the Eastern Region.

The owner of the said vehicle, one Samuel Adjei, sued the Police Service for unlawfully selling his car for GH¢20, even though the police administration had made several calls on him to tow the car from the station.

Mr. Adjei, who petitioned the Attorney General (AG) over the sale of his car, won the case and was awarded a judgement debt of GH¢4,500 on September 25, 2006.

But according to the Sole Commissioner, the payment of the money could have been avoided, if the Police had presented the real facts of the case to the AG.

Mr. Adjei had clandestinely come to remove the engine and number plate of his wrecked vehicle at the police station, despite being confronted by one General Sergeant Erasmus Yaw Afeyi.

Justice Apau indicated that “the report from the Nsawam Police to the AG at that time was that the man came to remove the engine and number plate of the car, and took them away without the knowledge of the police. There was no indication that one police officer confronted him.

“In fact, if they had informed the AG that a police man caught him, then they would have made a case out of that. You see, it is because of this laxity that the state was made to cough up the GH¢ 4,500.”

Anthony Kokoroko a Legal Officer at the Ghana Police Service, who represented the Inspector General of Police (IGP) at the Judgement Debt hearing, was led in evidence by Dometi Kofi Sorkpor, counsel for the Commission.

Mr. Kokoroko in defence also explained that the vehicle was auctioned in line with the “Police service disposal of property regulations 1971 LI 704, which regulates the manner in which the police should dispose of properties which have come into its custody of which the owner of the property cannot be ascertained.”

He further indicated that in the case of the vehicle in question, it was a total wreck and several calls to the owner to come for the vehicle proved futile.

When asked by counsel for the commission if he was aware that the AG had stated that it could not sustain any credible defence in the case, Mr. Kokoroko said, “Actually I have not come across such comment, but if that was their position I think it was quiet unfortunate.

“In the sense that at least they should have filed a defence and then contest the case to see the outcome.”

But Justice Apau insisted that “if the right information had been forthcoming this money would not have been paid in the first place. It is just like robbery.”

In a related development Mr. Kokoroko had to also explain why one Lance Corporal Baba Bukari, a former police officer, was paid a judgement debt of GH¢12,000 after he was dismissed from the service.

He explained that Baba Bukari who was enlisted in the police service on June 1, 1986, was posted to several stations including the Berekum District Police Headquarters where he was attached to Sekwa Police Station in the Brong Ahafo Region.

He noted that the said officer complained of accommodation problems which he petitioned the IGP over.

“Baba however ceased to report to work stating that until he receives a response from the IGP about his accommodation problems he would not report to work,” Mr. Kokoroko indicated.

On that basis he was charged with “absenting himself from duty without reasonable excuse.”

The charge was appropriately communicated to him and he was given an opportunity to be heard.

But according to Mr. Kokoroko, Baba wrote back stating that he had petitioned the IGP and, therefore, would not attend the trial.

He added that “under the circumstances, Baba was therefore tried in absentia and dismissed. After his dismissal, he went to court claiming that certain procedures as far as the service enquiry into his case was concerned, were not properly followed, and the court granted him his request [and] paid a judgement debt of GH¢12,000.”

He noted that “when the case went to court, the Police service was not present to defend the decision, hence the award of the judgement debt.”

Sitting has been adjourned to July 22, 2013.