Stop impounding vehicles for minor offenses – Attorney General to Police

• Posted on April 2, 2024April 2, 2024
• by Nana Kwesi Coomson
• Comment

The Office of the Attorney General and Minister of Justice has called on the Ghana Police Service to cease impounding vehicles when drivers commit minor road offenses.

In a statement addressed to the Inspector General of Police (IGP), the Attorney General and Minister of Justice, Godfred Yeboah Dame, expressed concerns over the frequent complaints received from the public, legal practitioners, and senior officials regarding the practice of police officers impounding or prohibiting the use of vehicles for minor infractions under the Road Traffic Regulations 2012(L.I. 2180).

According to the Attorney General, the law clearly stipulates penalties for minor offenders, which include the payment of fines or serving jail time. The impounding of vehicles, therefore, does not necessarily serve as evidence of a violation of any rules as stated in Regulations 158 or L.I. 2180.

The statement issued by the Attorney General read, “Thus, a position that the vehicle is required to be ‘used as an exhibit’ in court is untenable and unreasonable.”

As the principal legal advisor to the government, the Attorney General strongly advised that police officers should refrain from impounding or prohibiting the use of motor vehicles for minor offenses such as alleged violations of road rules contained in Regulation 106, crossing red lights, or driving without a valid insurance certificate.

This directive from the Office of the Attorney General aims to address the concerns raised by the public and aims to ensure that the appropriate penalties are imposed for minor road offenses without unnecessarily burdening drivers through the impoundment of their vehicles. It is anticipated that this new instruction will contribute to a more streamlined and efficient handling of minor traffic violations in Ghana.

The Ghana Police Service is yet to respond to the Attorney General’s directive, and it remains to be seen how this change will be implemented and enforced by law enforcement agencies.

By Vincent Kubi