“REVIEW OF SERVICE ENQUIRY PROCEEDINGS BY THE CENTRAL DISCIPLINARY BOARD D/INSP. GEORGE BOSOMPEM AMOFA
Following the Service Enquiry held into your conduct by DSP/MR. JUSTICE ADUHENE-BENIEH/NIMA DIST. Under Regulation 3 (2) of the Police Service (Disciplinary Proceedings) Regulations 1974 (L. I. 993) on charge of MISCONDUCT CONTRARY TO SECTION 17 (K) OF THE POLICE SERVICE ACT, (350) OF 1970 AND SECTION 97 (6) OF THE POLICE SERVICE INSTRUCTIONS the Central Disciplinary Board has, after reviewing the record of proceedings and considering the findings of the adjudicating officer, imposed a sentence of DISMISSAL on you in exercise of the powers vested in the Board under Regulation 3 (i) (a) of the Police Service (Disciplinary Proceedings) Regulations, 1974 (L. I. 993)…”
Counsel for the Plaintiff has submitted that the Police Service Enquiry was constituted under a wrong enactment and renders same void. Police Force (Disciplinary Proceedings Regulation, 1974 (L.I. 993) (now repealed) was the enabling enactment at the time the Plaintiff was charged to appear before the Service Enquiry. The Plaintiff’s position is that the appointment of DW1 to sit on the Police enquiry was made under Regulation 3 (2) of L.I. 993 which rendered the trial void. Regulation 3 (2) L. I. 993 provides 