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Court orders IGP to reinstate Tehoda

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The Human Rights court presided over Gifty Adjei Addo has ordered the Police Service and the IGP to reinstate DSP Gifty Tehoda back into the Police Service.

The service has  also been ordered to pay her GHC23,000.00 and other benefits as well as promotions due her.

DSP Tehoda sued the Police Service in a civil application seeking damages for malicious prosecution, unlawful detention, and unlawful dismissal.

She also sought for an order of the court directed at the Inspector General of Police (IGP) for her reinstatement.

The court ruled Friday that it finds that the applicant’s detention upon her arrest in 2011 was unlawful and a violation of her fundamental human rights. An amount of 5,000.00 was ordered as compensation for the applicant.

The court also found that the investigative enquiry instituted against the applicant was in breach of the rules of natural justice. This finding, the court made because it was clear on the phase of the evidence before the court that the applicant was not given an opportunity for a fair hearing before the investigative committee. On that score,  the court ordered damages of GHC10,000.00.

The court however dismissed the applicant’s relief on malicious prosecution.

Background

The case involving DSP Tehoda began in September 2011 when one Nana Ama Martins was arrested for possessing large parcels suspected to be cocaine which later turned into bicarbonate or baking soda.  Tehoda was linked to the disappearance of the cocaine and she was interdicted and subsequently dismissed from the Police Service. An Accra circuit court however acquitted and discharged her of any criminality. Tehoda then sued the Ghana Police Service for wrongful dismissal and she is praying the human rights court to compel the Service to reinstate and compensate her for her loss this last six years.

Both parties in the suit had completed their sides of the case before the previous judges Kofi Essel Mensah was dismissed as a result of his involvement in the Anas Judicial Scandal documePolice

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