Devolution of Attorney General and policing services
At a recent health summit in Accra, a renowned local government expert, Prof. Kwamena Ahwoi, emphasised the need for greater decentralisation of the health sector. His discourse on decentralisation of governance touched on devolution of authority and responsibility to the district assemblies.
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Undoubtedly, the overriding policy objective of our local governance is ensuring the localisation of all matters affecting the people within their areas as provided in article 241 (3) of the 1992 Constitution which states: “Subject to this constitution, a district assembly shall be the highest political authority in the district, and shall have deliberative, legislative and executive powers”.
The Attorney General’s Department, as part of the executive branch of government, is capable of being conveniently devolved. As the principal legal service provider to the government, the Attorney General is fundamental to good governance. Real devolution of governance to the district assemblies requires devolved Attorney General’s Department services for effective legal service delivery.
The district assemblies, as decentralised authorities, are clientele in their own right and need reliable, quality, timeous and informed superior legal services in the localities. Devolution of the Attorney General’s services is fundamental in democracy and good governance. It would deepen decentralisation and ensure efficiency and effectiveness in legal service delivery in civil and criminal matters throughout our unitary democratic country.
Amendments
A decentralised legal service may require amendments to the Legal Services Act, 1993 (Act 320) or introduction of Legislative Instrument to deal with the decentralisation and to provide for the establishment of the offices of the district chief attorney and the regional chief attorney. The functions and responsibilities of the district and regional attorneys may be set out clearly to avoid duplications in their functions.
The regional attorney’s functions could be more of supervision and co-ordination of the original civil and criminal law functions of the district chief attorney in the districts. The revision of the law may also provide for regulations or code of conduct and administrative procedures for the staff to prevent corrupt practices, abuse of office and other rules of engagement affecting officers of the legal service.
The decentralisation of legal services would also entail the empowerment of District Police Commanders to be vested with real authority and responsibility for every Police Department in the district. Policing departments such as MTTU, CID, patrols, operations, communications, administration and logistics in the districts headed by competent police officers could strictly be made answerable to the District Police Commander.
Alignment of Police districts to administrative districts
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Police district areas of responsibility have to be aligned with administrative districts to ensure efficiency and good relations with the administrative heads of the districts, especially the office of District Chief attorney. This could greatly improve our criminal justice delivery and provide operational security flexibility. It would make every completed Police district criminal investigations file which requires legal advice to be speedily submitted directly to the district chief attorney for advice and prosecutions without the usual regional bureaucracy.
The appointment of persons to hold office in the Police Service is vested in the President provided for in article 202(3) of the 1992 Constitution. Such appointments to the office of the District Commander could be based on a renewable three-year performance contract, competency and qualifications. An Assistant Commissioner of Police may be the appropriate rank for the office of the District Commander or any senior police officer below that rank with proven record of competence, experience and managerial skills and capable of carrying out the functions of that office may be appointed. It is essential to retain competent, skilful officers and well-motivated staff at the office of the District Commander by introducing district police command allowance.
A robust functioning and decentralised District Police Command may make unnecessary Divisional Police Headquarters. The removal of Divisional Police Headquarters may streamline police functions and bring about clarity to command and control in district policing. The elimination of Divisional Police Headquarters may reduce rivalry and conflict, bureaucracy, cost, duplication of roles and reinforce a clear sense of authority and control over District Police Command areas of responsibilities.
To ensure good governance and democratic policing and in the absence of Independent Police Complaints Department, the existing Police Divisions may be removed and replaced by Police Divisional Professional and Intelligence Police Standards (PIPS) offices as a way of ensuring Police accountability and investigations of public complaints of police corruption, abuses and misconduct, and to monitor compliance with professional standards at the District Police Command levels.
The writer is a senior police officer and legal practitioner.
Writer’s E-mail: ayamga@yahoo.com