The Accra High Court has dismissed a preliminary objection raised by Godwin Edudzi Tamekloe, the Head of Legal Affairs for the National Democratic Congress (NDC), regarding the ability of the Police to file injunction applications against protests without prior authorization from the Attorney General.
Edudzi Tamekloe, who serves as the lead counsel for NDC MPs seeking to protest against the Governor of the Bank of Ghana, argued in court that, according to Section 9(1) of the State Proceedings Act 555 and Article 88(5) of the 1992 constitution, only the Attorney General or an officer authorized by them could initiate civil proceedings in the name of the Republic.
He contended that the Police, by initiating legal action in the name of the Republic, had done so without the necessary authorization as outlined in the State Proceedings Act.
Mr. Tamekloe further contended that the Police could not rely on the authority given to them by the Attorney General to prosecute criminal cases to also initiate civil proceedings in the name of the Republic.
However, the court rejected this argument, citing the Law Officers Act of 1972 (N.R.C.D. 279), which allows other public officers to assist the Attorney General in the discharge of their duties. Section 1 of the Law Officers Act enumerates various officers, including those from the Attorney General’s department not below the rank of a state attorney, individuals appointed under section 56 of the Criminal and Other Offences Act, or any other public officer authorized by the Attorney General, as officers who can aid the Attorney General in fulfilling their functions.
Justice Edward Twum, in delivering the court’s ruling, emphasized that since section 56 of the Criminal and Other Offences Act deals with the appointment of Public Prosecutors by the Attorney General through executive instrument, the application could be instituted under Section 1(1)(C) and Section 1(2) of the Law Officers Act, even if it was filed on behalf of the Republic.
The court determined that the application was originally intended to be brought in the name of the Inspector General of Police and not in the name of the Republic. Justice Edward Twum pointed out that this intent was evident in the supporting affidavit and the submissions made by the applicant’s counsel.
Furthermore, the court clarified that the law mandates a police officer to initiate such applications on behalf of the Inspector-General of the Ghana Police Service.
Justice Edward Twum concluded that the use of “The Republic” on the motion paper was merely a misnomer and that the applicant had not violated any legislative provisions. Consequently, the court dismissed the preliminary legal objection and granted the applicant (the Police) permission to amend the title of the application and serve it on the respondents within seven days.
Finally, the court commended Godwin Edudzi Tamekloe, the NDC’s Head of Legal Affairs, for his thorough and diligent scrutiny of the matter, highlighting the positive impact such dedication could have on aspiring junior lawyers and the development of the law in the country.






























































