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Open Letter to the Speaker of Parliament

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Politics Speaker Conference
Alban Bagbin

Open Letter to the Right Honorable Speaker of Parliament to Abrogate the investigation by the Parliamentary Sub-Committee into matters of the Ghana Police –Fixing the Ghana Agenda hence a detection of a behaviour of Parliament tantamount to an octopus over stretching its tentacles to a domain not granted by the 1992 Constitution as at Article 278 on matters of public interest and possible Disciplinary matters as by Act of Parliament (C176) on Police Regulation Act 2012, hence a possible looming financial lost to the State.

MAJOR MOHAMMED BOGOBIRI (RTD)
Dear Right Honorable Speaker of Parliament,
First of all, please accept my warmest greetings to you and your family.
Secondly be informed that I am a Senior Citizen who considers Ghana First, hence a protector and defender of the 1992 Constitution, hence an applicant for boarding the Arise for Ghana vehicle aimed at putting the Nation above all other Consideration, hence with the adage One Nation, One People, One Destiny, therefore the principle of the Group is Patriotism, Honesty and Discipline.

The Arise for Ghana is a recent vehicle being championed by Hon Mr. Fiifi Fiavi Kwetey, the General Secretary of the Great NDC Political Party, Thirdly, I am one of your admirers of your good works for mother Ghana, consequently as a senior Citizen, who is a student of Constitutions/Protector of the 1992 Constitution and one of your brothers and admirers, I should be very interested (concerned) and worthy to advise you, hence this submission.

Sir before I deal with the topic let me remind you that the Police Organizational Operations, Administration, Control and Accountability are governed by both external law and internal rules as defined by the 1992 Constitution and related Constitution Instrument(s) on Police Regulations currently Police Regulations 2012 (CI76) respectively.

Sir, when I heard the occurrence of the Chief Bugri Nabu recorded audio dubbed as the “IGP replacement tape” which is a matter of political question, I wrote an open letter to the President of Ghana which was published in the online media namely Modern Ghana dated in July 2023, hence in the public domain for immediate action by the President to institute a Commission of Inquiry as required by Article 278 of the 1992 Constitution when a matter of public interest or importance exist and I also recommended that the Ghana Police Administration through CI6 of 2012 deals with a matter on Discipline of Police Officers below the IGP is detected or the Police Council as provided by the Constitution.

Sir, It is true that the functions of Parliament include oversight responsibility over the Executive Arm of Government hence it is permissible for Parliament to conduct investigation into activities of the Executive and associated Agencies and Departments. But since the relevant topical matter in the front burner on the Ghana Police are governed by both the 1992 Constitution when a matter of Public Interest exist and other matters related to the incident are covered by an Act of Parliament through Police Regulations 2012 (CI76) which require swift and brutal Disciplinary actions by the Police hierarchical rank structure with quasi-military structure to generate Discipline and Answerable Service as part of Police Accountability.

Sir, it is therefore strange that Parliament is acting like an octopus stretching its tentacles into minefields where it is not clothed with powers as granted to the Executive Arm of Government and the Police Council by the Constitution and by CI76 to the Police Administration (the IGP and his delegated Officers) to deal with.

Thus Parliament is arrogating or usurping powers it is envisaged that it does not have because the matter is a political question which has very serious national security far reaching consequences which I envisaged if care is not considered, the Parliamentary investigation may hit a wall thus end up to be a financial loss to the State and may be due to the way the investigation is going, it may be a possible source of a national disaster which may include the State losing an indefatigable IGP if it continues with its work with some police officers throwing “bombs” left center right with evidential material hence the matter has far reaching consequences, so please abrogate the investigation, and the Police Administration or the Police Council should take measures to stamp its authority and rein wayward personnel to use the normal channel of communication for addressing grievance to halt insubordination otherwise if you consider its ok to continue with the investigation then get the Police to withdraw the interdiction of the affected Police Officers but the Police personnel and the public should be warned to stop releasing recorded items but submit same to the Committee physically with faces matching with names or by anonymous way thus a channel should be made for that.

Sir if you see the wisdom in the recommendation for the abrogation of the investigation then by Section (1) (c) of Article 278 of the 1992 Constitution, it is recommended that Parliament must info our dear President of Ghana to do the right thing.

So sir, to build Public confidence in the work and report of the Commission of Inquiry (COI) to be set up by the President, , the Parliament and the Council of State to interact with the President of Ghana and humbly request him to request the Chief Justice to provide a name of an Appeal Court Judge as to be appointed as Chairman, to request the active Political Parties to provide names of two Rep each as members, to request names of two Ex-Police Officers of the rank of COP one each as sympathizes of the NDC and NPP from the Retired Police Officers Association and one name of a former IGP not very tainted with Party affiliations as members, to request the Ghana Bar Association to provide a name of seasoned lawyer with not tainted or not very much tainted Political Party background for the President to come out with the convening order for the COI.

Sir, since one cannot tell when one may depart our mother earth, so let me use this chance to dilate on some related matters to any investigation into the Police saga and related matters. Sir, the citizenry with the ugly noise on the appointment of IGP by the President must be educated that they are three types of separation of powers in a democratic dispensation in a Country namely the Executive Powers which is exercised by the Executive Arm of Government, the Judiciary powers by the Judiciary Arm and the Legislative Powers by the Legislative Arm of Government Parliament. Since the Security and Safety of Ghana is the responsibility of the Executive Arm of Government which as stated wields executive powers, so the Ghana Police for the maintenance of law and Order among other functions of the Police, is a Political tool for Executive Arm of Government for policing so the Police exercise executive powers thus confirm or makes the Police as appendages of the Executive Arm of Government under the Ministry of Interior with delegated executive powers granted by or derived from the Executive Arm of Government for the maintenance of law and Order among other functions of the Police.

Sir, it is for this above reason, that the President through recommendations of the Police Council (a Constitutional buffer body) is the Authority for the promotion or Commissioning Senior Police Officers from the rank of Assistant Commissioner of Police to Commissioner of Police and also the President is the appointing Authority for the post of the IGP or Police Commissioner One which is restricted to the President by the 1992 Constitution on the consultation of the Council of State.

So, those clamoring for the amendment of the appointing process for the post of IGP, must take note that there is no way on earth that the President can be ousted as the appointing authority which by the 1992 Constitution is apparently shared with the Council of State and to some extent the Police Council simply a matter of recommendation.

So Sir, Should there be the need for the amendment on the relevant provision in the 1992 Constitution on the appointment of the IGP, It is recommended that Parliament being an elective Political Office system may be part of the appointing authority for vetting the nominee(s) and no other Constitutional Body or Alien body to the Constitution to be used.

Sir from the language of Section (1) of Article 202 of the 1992 Constitution, one say that no criteria requirement for the appointment of the IGP, this implies a President can appoint anyone from outside the Police system including his wife who is a Citizen of Ghana with no burden of dual citizenship as the IGP. This is very ridiculous, so the Constitution should be amended to include qualification criteria for the post of the IGP thus clearly spelt out and be restricted to personnel within the Police Service and of a senior Police Officer status say with the rank not below DCOP.

Sir another issue is the tenure of Office or security of office, so IGP can be changed or removed prematurely or at discretion of the President, so considering the number of Police Officers, so as part of motivation measures as well as security Office should be conterminous with that of the President 4 years minimum period and the maximum of 8 years.

Sir let me inform you of serious issue that are creeping in the Security Services and maybe regarded as act of corruption or corrupt related issue, is the construction of projects for the security services or the renovation of buildings by alleged friends and not by corporate bodies as part of Corporate Responsibility. I say this because when I was Commanding the rear details of the Second Infantry Battalion Takoradi, I was halted by Superior Headquarters to stop some renovation works at the Unit though I managed to do some including the office room of the Commanding Officer and provision of Air Condition for same and the Officer Mess also with the provision of about 40’’ or more Flat screen TV and Decoder but the support by one Mr. Arthur then CEO Of the Forest Inspection Bureau in Takoradi to renovate some of the abandoned and dilapidated accommodation buildings was halted. Coincidentally, when I resigned in 2003 or so from the Army to take an appointment at Bogoso Mine, I was able to get Bogoso Gold as part of Corporate Responsibility to construct the Arc which is at the main entrance of the Unit and also caused the renovation of the Maternity Ward of the Hospital in 2BN by the Company. So I recommend that there must be policy to guide the Security Agencies.

Sir to sum up, due to the tangential matters emanating from the Police with some allegations against the IGP and some Police Officers which are very rotten, for this reason, it may require a request for a public announcement for a cease fire by the President or the Police Council to all the Citizens and persons with matters of national security interest to appear before a proper Constitutional Commission of inquiry to be constituted as mandated by Article 278 of the Constitution, which currently is the sole mandate or the prerogative of the President of Ghana, as the authority for convening a Commission of Inquiry on all matters of public interest and for the matters on Code of Service Discipline is restricted to the Police Council as Section (3) (d) of Article 203 of the 1992 Constitution suggest as the external buffer body otherwise by internal governance system in the Police by CI76 on Police Regulation Act 2012 , which clearly provided the authority for dealing with disciplinary measures to the IGP and Regional Commanders etc.

Furthermore, the matters on the front burner is giving room for ignorant persons to demo their ignorance that sovereignty of a democratic Country resides in the people. So, the people, through a National Election delegate their executive powers to the elected civilians currently in an Executive Presidential system with the President as the Head of National Executive or the Civilian authority.

So sir, the Civilian authority or Head of National Executive must Control the guns or elements with executive powers which wield what may be termed as coercive forces. The IGP and his subordinates who wield the coercive force in order to help the President as the Commander-in-Chief of the Armed Forces of Ghana, (please note the catch words in the Constitution is the Armed Forces of Ghana thus include quasi-military units like CEPS, the Police, Prison Service,, Immigrations Service, hence may not be the same as the Ghana Armed Forces which we literally refer to only the combined three Military elements of the Army, Air Force, Navy under the CDS).

So Mr. Right Honorable Speaker, the IGP must be one of the subordinate Officers to the President who also doubles as the Commander-in-Chief of the Armed Forces of Ghana, thus the President grants the IGP and Personnel of the Ghana Police with delegated executive powers at section (3) of Article 58 of the 1992, which Police exercises and the Police enjoys Constitutional immunity granted at Article 13 of the 1992 Constitution to enable them execute a very good job in national security. Hence critical reasoning will inform that the Executive President must appoint the IGP (Police Commissioner 1) and the other Police Commissioners as mandated by the Constitution.

This is the situation globally for national or federal police. Mr. Speaker please take note that, the Constitutional Review Commission constituted by the late President Mills which did vast research during their work affirmed this position. So, Mr. President, time should not be wasted in debating on the appointment of the IGP by the President since it is a sine qua non evil. May be what should be debatable is the mode of appointment, so we may amend the Constitution so that beside both the Police Council with the support of a Number one Service Selection Board with the Confidential details of Officers and the Council of State to also include another layer for the appointment like vetting by Parliament.

Sir, the adherence to both principles of Separation Powers and the dogma of Probity, Transparency, and Accountability in the governance system required that you abrogate the Committee by you so that in consonance with the Constitutional dogma of Probity, Transparency, and Accountability, and Separation of powers on political or Constitutional question you request the President to constitute a Commission of Inquiry as dictated by Article 278 of the 1992 Constitution into this matter of public interest in order to safeguard the democratic rule as well as for maintaining or restoring the integrity of the Police Service.

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