In a notable shift towards reforming traffic enforcement practices, the Attorney General of Ghana has formally advised the Ghana Police Service against the impounding of vehicles for minor traffic offenses. This directive, endorsed by Attorney-General Godfred Yeboah Dame and dated February 9, 2024, is a response to widespread complaints from the public, legal practitioners, and high-ranking officials over the police’s approach to handling minor road traffic violations under the Road Traffic Regulations 2012 (L.I. 2180).
The Attorney-General’s communication, addressed to Inspector General of Police Dr. George Akufo-Dampare, underscores the growing concern over the discretionary power exercised by police officers to seize or restrict the use of vehicles for alleged minor infractions, such as disobeying “Rules of the Road” in Regulation 106, crossing red lights, or driving without a valid insurance certificate. A common justification provided by law enforcement for these actions has been the need to use the vehicles as evidence in court proceedings.
This practice, as articulated by Mr. Dame, has not only been criticized for its rationale but also for its potential legal and financial repercussions for the government. The Attorney-General highlighted the influx of lawsuits filed against the state, emanating from what he terms a “wrongful exercise of discretion” and “negligence” by police officers. These actions have led to unnecessary legal expenses and the risk of incurring avoidable judgment debts, further burdening the government’s financial resources.
Moreover, the Attorney-General challenged the logic behind the argument that vehicles must be held as exhibits in court cases, describing this reasoning as “both indefensible and illogical.” This statement suggests a critical evaluation of current enforcement methods and the pursuit of more rational and effective strategies that do not unjustly inconvenience the public or expose the state to legal liabilities.
The directive from the Attorney-General’s office is a call to action for the Ghana Police Service to adopt a more measured and judicious approach to enforcing road traffic regulations. It emphasizes the need for law enforcement to balance regulatory compliance with the rights and conveniences of vehicle owners, ensuring that minor offenses do not lead to disproportionate penalties such as vehicle impoundment.
This policy shift is not only expected to alleviate the public’s grievances regarding traffic law enforcement but also to foster a more cooperative and respectful interaction between the police force and the community. By focusing on education, awareness, and corrective measures rather than punitive actions for minor violations, the Ghana Police Service can enhance road safety and public trust without resorting to extreme measures that have legal and financial implications.
The move also aligns with broader efforts to ensure that the exercise of police discretion is guided by principles of reasonableness, fairness, and proportionality, reflecting a commitment to justice and the prudent use of state resources. As Ghana continues to navigate the complexities of modernizing its traffic management and law enforcement practices, this directive serves as a pivotal step towards more humane, logical, and effective governance in the realm of road traffic regulation.
Source: Graphic Online
