The Attorney General’s Office has issued a directive to the Ghana Police Service, instructing them to stop impounding and prohibiting the use of motor vehicles for minor road traffic offences.
In a letter to the Inspector General of Police signed by Attorney-General Godfred Yeboah Dame and dated February 9, 2024, the AG’s Office highlighted complaints received from the public, including lawyers and senior officials, regarding the frequent impoundment of vehicles by the police for minor violations of the Road Traffic Regulations 2012 (L.I. 2180).
The Attorney-General explained that the regulations under L.I. 2180, often cited by police officers for impounding vehicles, pertain to infractions such as crossing red lights or driving without a valid insurance certificate. He noted that this practice has led to numerous lawsuits against the government due to wrongful exercise of discretion by some officers.
“Office of the Attorney-General and Ministry of Justice has received incessant complaints from members of the public including lawyers and senior public officials about the tendency of officers of the Ghana Police Service to impound or prohibit the use of motor vehicles deemed to have violated provisions of the Road Traffic Regulations 2012 (L.I. 2180)”
“The provisions of L.I. 2180 under which police officers regularly exercise the discretion to impound vehicles, relate to alleged violations of the “Rules of the road” contained in Regulation 106, and other provisions pertaining to crossing the red light or driving a vehicle without a valid insurance certificate. A reason often advanced by police officers for impounding a vehicle is the necessity to “use the vehicle as an exhibit” in court proceedings,” he explained.
Mr Dame emphasized the illogicality of the notion that vehicles must be used as exhibits in court proceedings, stating that it is indefensible.
He warned that failure to adhere to the directive could result in unnecessary expenses and potential judgment debts for the government.
“An unreasonable exercise of discretion or failure to adhere to the advice herein has the tendency to result in unnecessary suits against the government, occasioning needless expense and potentially avoidable judgment debts. The Office of the Attorney-General is already inundated with many suits arising from wrongful exercise of discretion and negligence by police officers,” Mr Dame explained.
“The notion that a vehicle must be ‘used as an exhibit’ in court proceedings is both indefensible and illogical.”
Attached is the Attorney-General’s directive to the police, courtesy of Joy FM/TV’s Parliamentary Affairs Correspondent, Kwaku Asante’s Twitter post:
Attorney General Godfred Dame Yeboah has asked the Ghana Police Service to immediately END the practice of impounding cars for minor road traffic offences like jumping the red light, driving without insurance, etc. The AG says the practice is not supported by law. pic.twitter.com/hhI9NTGGWO
— Kwaku Asante (@kwakuasanteb) April 1, 2024
