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How Court Ordered Long-Overdue Reinstatement of Dismissed Police Woman

April 1, 2017
in Top Stories
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Justice has finally been served in the case of dismissed DSP Tehoda who was wrongfully indicted in a drug case. The Human Rights Division of the High Court, has ordered the Inspector General of Police (IGP), to reinstate former senior Police Officer, DSP Gifty Tehoda, following her wrongful dismissal from the Police Service in 2012.

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The court, presided over by Justice Gifty Adjei Addo, ruled that DSP Tehoda was wrongfully dismissed from the Ghana Police Service. Justice Addo ruled that Madam Tehoda is to receive GHc 23,000 as compensation in addition to an accumulated five (5) years’ salary. The wrongfully dismissed senior officer is also entitled to all promotions due her through the period of her dismissal from the service.

See Also: Why Dr. Issahaku Resigned As Bank of Ghana (BoG) Governor

At the final ruling on Friday March 31, court stated that the applicant’s detention upon her arrest in 2011 was unlawful and a violation of her fundamental human rights. An amount of GHc 5,000.00 was ordered as compensation for the applicant, for her detention in Bureau of national Investigations (BNI) custody for 45 days.

Court also stated it found out that the investigative inquiry instituted against DSP Tehoda was in breach of the rules of natural justice. According to Justice Addo’s ruling, it was clear on the phase of the evidence before the court, that the applicant was not given an opportunity of a fair hearing before the investigative committee. With respect to the aforementioned infringement, court ordered that damages of GHc 10,000.00 be paid her.

DSP Tehoda sued the Police Service in a civil application seeking damages for malicious prosecution, unlawful detention, and unlawful dismissal. While court ruled in her favour regarding the unlawful detention and unlawful dismissal, it however, dismissed her relief on malicious prosecution.

The case began September 27, 2011, when one Nana Ama Martins was arrested for possessing large parcels suspected to be cocaine, which later changed into bicarbonate or baking soda, during a trial. DSP Tehoda who was then the Deputy Commander in-charge of the Commercial Crimes Unit, was named in a missing cocaine case. She was subsequently interdicted and dismissed by the Ghana Police Service.

However an Accra circuit court acquitted and discharged her of any criminality. But then despite her acquittal, the Ghana Police Service did not reinstate her. This had caused the estranged senior officer to go to the Human Rights High Court to challenge her wrongful dismissal by the Police Service.

Madam Tehoda sued the Ghana Police Service for wrongful dismissal and prayed the Human Rights Court to compel the Service to reinstate and compensate her for her loss, for the past five years.

Tehoda Narrates Stigma that Followed Her Dismissal

It had been a gloomy episode for Madam Tehoda and her family, following the public disgrace of an indictment and dismissal from the service.

Madam Tehoda narrated the shameful ordeal following her wrongful interdiction and subsequent dismissal from the service in the ‘cocaine turned baking soda’ saga. According to her it was an unforgettable episode which has left a scar on her children and family.

The vindicated DSP said the incident has really brought her image to disrepute. The wrongful indictment in the drug case, she explained, had led to her children being nicknamed ‘Coke girl’ and ‘Tagor’ by their peers at school, to ridicule them.

Following her reinstatement, Madam Tehoda expressed her profound excitement with the court’s ruling. Interacting with the press after the court case, the reinstated police woman thanked her family and friends who supported her during the blue days.

She also called for the immediate implementation of court’s order by the Ghana Police Service.

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Tags: bank of ghanaCommercial Crimes UnitDeputy CommanderDSPFalse imprisonmentGhana police serviceGifty Adjei AddoGovernorHigh CourtHuman Rights CourtHuman Rights DivisionHuman Rights High CourtInspector GeneralLabour lawLawLaw_CrimeNana Ama MartinsPolice Servicesenior officersenior police officerTermination of employmentUN CourtWrongful dismissal

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