The Attorney General’s Office has issued a directive to the Ghana Police Service, instructing them to refrain from seizing and prohibiting the use of motor vehicles for minor road traffic violations.
Dated February 9, 2024, the directive, signed by Attorney-General Godfred Yeboah Dame, was specifically addressed to the Inspector General of Police (IGP) Dr. George Akufo-Dampare.
In the directive, the Attorney-General highlighted a continuous stream of complaints from the public, including lawyers and senior public officials, regarding the tendency of Ghana Police Service officers to impound vehicles for alleged violations of the Road Traffic Regulations 2012 (L.I. 2180).
The Attorney-General clarified that the regulations cited by police officers for impounding vehicles mainly pertain to breaches of the “Rules of the road” outlined in Regulation 106. Examples include crossing a red light or driving without a valid insurance certificate. Often, officers justify impounding vehicles by claiming they are needed as exhibits in court proceedings.
However, due to the misuse of discretion by some police officers, the Attorney-General’s office has faced numerous lawsuits.
The Attorney-General cautioned that the unreasonable exercise of discretion or failure to adhere to the directive could lead to unnecessary legal action against the government, resulting in avoidable expenses and potential judgment debts. He stressed that the Attorney-General’s office is already burdened with lawsuits stemming from improper exercise of discretion and negligence by police officers.
Furthermore, he argued that the notion that a vehicle must be retained as an exhibit in court proceedings is indefensible and illogical.
Attached is the Attorney-General’s directive to the police
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