A Ghanaian citizen, Henritta Nana Yaa Simpson, who is a businesswoman and gender activist, has filed a writ at the Supreme Court challenging the constitutionality and legitimacy of the appointment of the Director of Operations at the Presidency, COP Nathan Kofi Boakye, to the Police Governing Council.

In the suit, filed on June 23, 2025, and sighted by GhanaWeb on Wednesday, June 25, Simpson argues that COP Boakye’s appointment as a representative of the Retired Senior Police Officers Association breaches the Police Service Act, as he was not nominated by the association to represent them.

Also named as defendants in the suit are the Police Council and the Attorney General and Minister of Justice.

In addition to seeking the removal of COP Kofi Boakye from the council and his replacement with ACP Florence Arthur, the plaintiff is also praying the Supreme Court to grant the following additional reliefs:

1. A declaration that upon a true and proper interpretation of clauses (f) and (g) of Article 201 as amended by section 7 of The Constitution of Ghana (Amendment) Act, 1996, (Act 527) and the relevant sections of the Police Service Act, 1970 (Act 350), particularly sections 10 and 39 thereof, the phrase “Retired Senior Police Officers” contained in the said provision shall be construed to mean all retired police officers who at the time of retirement held the post not below the rank of Assistant Superintendent of Police.

2. A consequential declaration that upon a true and proper interpretation of clauses (f) and (g) of Article 201 as amended by section 7 of The Constitution of Ghana (Amendment) Act, 1996, (Act 527), and the relevant sections of the Police Service Act, 1970 (Act 350), particularly sections 10 and 39 thereof, ACP (Rtd.) Madam Florence Arthur is a retired senior police officer within the meaning of Article 201 clause (f)

3. A declaration that upon a true and proper interpretation of clauses (f) and (g) of Article 201 as amended by section 7 of The Constitution of Ghana (Amendment) Act, 1996, (Act 527) and the relevant sections of the Police Service Act, 1970 (Act 350), particularly sections 10 and 39 thereof, it is the members of the National Association of Retired Police Officers who, through their legitimately elected executive members under the leadership of their President, have the sole and exclusive right and authority to nominate a senior retired officer of their number onto the Police Council.

4. A declaration that upon a true and proper interpretation of clauses (f), (g) and (h) of Article 201 as amended by section 7 of The Constitution of Ghana (Amendment) Act, 1996, (Act 527), and the relevant sections of the Police Service Act, 1970 (Act 350), particularly sections 10 and 39 thereof the power of the President of the Republic to make nominations to the Police Council is, subject to the necessary restricted to Article 201 clauses (a), (g) and (h) and does not extend to clause (f).

5. A consequential declaration that the appointment of the 1st defendant onto the Police Council by the unilateral fiat of the President of Ghana is in gross violation of Article 201 of the constitution as amended by section 7 of The Constitution of Ghana (Amendment) Act, 1996, (Act 527), and therefore null, void and of no legal effect.

6. A declaration that upon a true and proper interpretation of Article 201 of the constitution as amended by section 7 of The Constitution of Ghana (Amendment) Act, 1996, (Act 527) and the relevant sections of the Police Service Act, 1970 (Act 350), particularly sections 10 and 39 thereof and Article 296 of the constitution, the refusal of the President of the Republic to accept the person nominated by the National Association of Retired Police Officers to represent the Association on the Police Council is unconstitutional, null, void and of no legal effect.

7. A declaration that upon a true and proper interpretation of Articles 17, 201 (as amended by section 7 of The Constitution of Ghana (Amendment) Act, 1996, (Act 527)) and 296, the prescriptive removal of ACP (Rtd.) Florence Arthur from the composition of the Police Council on the basis of her rank and gender is discriminatory and flies in the face of Article 17 of the constitution.

8. An order for the removal of the 1st Defendant from the Police Council and in his stead, the appointment or inclusion of ACP (Rtd.) Florence Arthur onto the Police Council.

9. Any other relief(s) or order(s) as to this Honourable Court may seem just, convenient, and proper to grant.



MAG/AE

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