The IMANI Centre for Policy and Education, and Professor Kwesi Aning of the Kofi Annan International Peacekeeping Training Centre, have initiated legal proceedings against the Attorney General concerning the appointment processes for leaders of uniformed security agencies.
The petitioners have raised issues regarding the practice of new governments discontinuing the tenures of certain institutional heads.
In a legal action submitted to the Supreme Court on March 11, 2024, the petitioners seek an injunction to prevent future presidents from dismissing agency heads without just cause.
They contend that the termination of these leaders’ appointments should be contingent on established misconduct.
Highlighting specific occurrences, the plaintiffs refer to the premature departure of Mr Emmanuel Yao Adzator, the former Director-General of the Prisons Service, who was instructed to take leave at 54, followed by the appointment of a successor.
The plaintiffs assert that a new President lacks the authority to appoint new individuals to key positions such as the Chief Fire Officer, Inspector General of Police, Director General of Prisons Service, and Comptroller General of the Immigration Service, except in cases where the incumbent has passed away.
“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 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 are also seeking “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.”
The roles in question encompass the Comptroller General of the Immigration Service, the Chief Fire Officer, the Inspector General of Police, and the Director General of the Prisons Service.
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Supreme Court of Ghana