By Lawyers for IMANI Ghana and security expert Kwasi Aning have filed a new lawsuit challenging the executive’s appointment of certain security agency heads, withdrawing an earlier suit filed at the Supreme Court.
The Supreme Court struck out the previous suit on Wednesday, June 5, 2024, after the plaintiffs’ lawyers informed the Court that they had filed a notice to discontinue the matter.
Before striking out the case, Chief Justice Gertrude Sackey Torkornoo described the publicization and subsequent withdrawal of the case as “really unacceptable.”
The panel of seven, chaired by Chief Justice Torkornoo, expressed concern over why such a widely publicized matter, which had garnered public interest, would be withdrawn.
Paa Joe Akuamoah Boateng, counsel representing the plaintiffs, explained that the withdrawal was to allow the case to be refiled in light of new developments.
Background
In the writ filed in association with security analyst, Prof Kwesi Aning, the plaintiffs were asking the apex court to issue a declaration that upon a true and proper interpretation of the letter and spirit of Articles 200, 202(1), 202(2), 202(3), 205, 207(1), 207(2), 207(3), 190(1), 191,196, 199, and 269 of the 1992 Constitution of Ghana, the President of the Republic of Ghana has no authority to terminate the appointment or removal from office heads of the agencies unless only upon proven stated misconduct or misbehaviour established against these office holders.
These offices included the office of the Chief Fire Officer of the Fire Service; Inspector General of Police; Director General of Prisons Service and Comptroller General of Immigration Service.
Again, the two were seeking a declaration that “The President of the Republic of Ghana upon assumption of Office does not have the power to make a fresh appoint to the office of the Chief Fire Officer of the Fire Service; Inspector General of Police; Director General of Prisons Service and Comptroller General of the Immigration Service unless the immediate holder of the office is deceased”.
The Plaintiffs also were seeking relief that the appointment of the heads of these uniformed security services by a new president who has been voted into power and sworn into office is unconstitutional.
Providing more details to back their case, the two argued that there are concerning trends where new governments compel the termination of the appointment of these heads while disregarding their constitutional rights.
“In some cases, these removals occur before the individual occupants of the office reach the statutory retirement age.
For instance in 2017, the then Director-General of the Prisons Service, Mr. Emmanuel Yao Adzator was asked to proceed on leave at the age of 54 and subsequently another was appointed in his stead,” the suit said.
They are, therefore, demanding a consequential order to restrain or prevent the President of the Republic from dismissing or removing or attempting to dismiss or remove the appointment of persons occupying the offices of the Chief Fire Officer of the Fire Service; Inspector General of Police; Director-General of Prisons Service, Comptroller General of Immigration Service unless only in cases of proven and stated misconduct or misbehaviour established against such persons or upon retirement or resignation or death or incapacity to perform the functions of the office because of infirmity of body and mind.
