Member of the Defence and Interior Committee of Parliament, Mr. Peter Lachene Toobu, recently voiced discontent with a letter purportedly from the Attorney-General and Minister of Justice, Mr. Godfred Yeboah Dame.

In his statement, Toobu emphasized that while the Attorney-General serves as the chief legal advisor and the Inspector General of Police (IGP) as the chief law enforcer, the former lacks the authority to direct the latter on operational matters.

Encountering the letter, which lacked a file number and was purported to be from the Attorney-General, Mr. Toobu expressed surprise, asserting the Attorney-General's absence of power to dictate operational procedures to the IGP.

He argued that if the Attorney-General identified issues with Legislative Instrument (L.I) 2180, the appropriate course of action would be to advocate for its amendment or repeal through Parliament.

During an interview on the Ghana Yensom morning show on Accra 100.5 FM, Mr. Toobu, a former police officer, emphasized the need for collaborative efforts between the Attorney-General and the Police in addressing concerns regarding the law of police impounding vehicles that jump red lights.

He suggested that the Attorney-General could have collaborated with the IGP to issue an Internal Police Order (INPO) directive to review the implementation of L.I 2180 by operational personnel.

Earlier, the Attorney-General and Minister of Justice, Godfred Yeboah Dame, advised the Inspector General of Police, Dr. George Akuffo Dampare, to direct police officers to desist from impounding vehicles whose drivers engage in misdemeanours, citing crossing the red light and driving without a valid insurance certificate as examples.

“As Attorney-General and the principal legal adviser to the Government, I advise that police officers should desist from the impounding or prohibition of the use of a motor vehicle for minor offences such as an alleged violation of any 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 etc,” the Attorney-General wrote in a letter dated 9 February 2024 to the Inspector General of Police.

He explained: “An application of the road traffic regulations, particularly Regulation 158 requires fairness, candour and reasonableness.

The impounding of a vehicle is not necessary for proof of a violation of any of the rules contained in Regulation 158 or indeed, most of the provisions in L. I. 2180.

Thus, a position that the vehicle is required to be “used as an exhibit” in court is untenable and unreasonable.”

Mr Dame further explained that the practice has resulted in needless costs to the state with the potential to cause judgment debts.

“An unreasonable exercise of discretion or a 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.

Further, it ought to be noted that responsibility for maintaining the condition of an impounded vehicle shifts from the owner of the vehicle to the State. Impounded vehicles are exposed to the risks of deterioration and theft of essential parts,” Mr Dame stated.