Retired COP Nathan Kofi Boakye’s Appointment to Police Council Challenged at Supreme Court

A Ghanaian businesswoman and gender activist, Henrietta Nana Yaa Simpson, has filed a lawsuit at the Supreme Court challenging the appointment of COP Nathan Kofi Boakye (rtd) to the Police Council.

Simpson contends that the appointment, which names COP Boakye as the representative of the Retired Senior Police Officers Association, is unconstitutional. She argues that the decision was made without consulting the Association’s leadership, which had already nominated ACP Florence Arthur (rtd) for the position.

According to the plaintiff, the President’s unilateral appointment of COP Boakye (rtd) violates the Association’s exclusive right to nominate its representative to the Police Council. The Police Council and the Attorney General have been named as the second and third defendants in the suit.

The plaintiff is seeking the Supreme Court’s interpretation of Article 201(f) of the 1992 Constitution and Section 10 of the Police Service Act, 1970 (Act 350), which outline the structure and appointment process of the Police Council.

Key Reliefs Sought

In her writ, Simpson is seeking several declarations and orders from the Supreme Court, including:

1. A declaration that “retired senior police officers” under Article 201(f) includes all officers who retired at or above the rank of Assistant Superintendent of Police.
2. A declaration affirming that ACP Florence Arthur (rtd) qualifies as a retired senior officer and was lawfully nominated.
3. A declaration that only the National Association of Retired Police Officers, through its elected executives, holds the constitutional right to nominate a representative to the Police Council.
4. A ruling that the President’s appointment power under Article 201 does not extend to clause (f), which relates to representatives of retired officers.
5. A declaration that the President’s unilateral appointment of COP Boakye (rtd) is unconstitutional and therefore null and void.
6. A ruling that the rejection of the Association’s nominee, ACP Florence Arthur (rtd), is unconstitutional and without legal basis.
7. A declaration that the exclusion of ACP Arthur (rtd) based on her rank and gender is discriminatory and violates Article 17 of the Constitution.
8. An order to remove COP Kofi Boakye (rtd) from the Police Council and appoint ACP Florence Arthur (rtd) in his place.
9. Any further relief the court deems appropriate.

By Mutala Inusah