The Supreme Court has directed the Attorney-General to submit his statement of case within seven days in response to a suit filed by Policy think tank Imani Ghana. The suit challenges the executive’s authority to appoint certain heads of uniformed security agencies.
On Thursday, May 23, 2024, Justice Samuel Asiedu presided over the case. The plaintiffs, including security analyst Prof. Kwesi Aning, are seeking a declaration from the court regarding the interpretation of various articles in the 1992 Constitution of Ghana. They argue that the President does not have the authority to terminate or remove the heads of these agencies without proven misconduct.
The positions in question include the Chief Fire Officer, the Inspector General of Police, the Director General of the Prisons Service, and the Comptroller General of the Immigration Service. The plaintiffs assert that the President cannot make new appointments to these offices unless the current officeholders are deceased.
The suit also claims that new administrations often compel the termination of these heads, disregarding their constitutional rights and sometimes forcing them out before they reach retirement age. An example cited is the 2017 case of Emmanuel Yao Adzator, the then Director-General of the Prisons Service, who was asked to proceed on leave at 54 and subsequently replaced.
The plaintiffs seek a court order to prevent the President from dismissing or removing these officials unless there is proven misconduct, retirement, resignation, death, or incapacity due to health reasons.
