IMANI, Prof. Aning sue gov’t over powers of President to appoint & disappoint some public office holders

A think tank, IMANI Centre for Policy and Education and Prof. Kwesi Aning, a Ghanaian citizen, have sued the Attorney-General over the powers of the President of the Republic to appoint or disappoint persons occupying some offices in the country.

According to a writ filed by the think tank and the citizen Monday, March 11, 2024 , the plaintiffs are invoking the jurisdiction of the Supreme Court pursuant to Articles 2(1) and 130 of the 1992 Constitution and Rule 45 of the Supreme Court Rules, 1996 (C.I. 16).

Their writ states that the Constitution does not give the President the power to terminate the appointment and equally remove from office, the Inspector General of Police, Chief Fire Officer of the Fire Service, Director-General of Prisons Service and the Comptroller General of the Immigration Service.

“Unless only upon proven stated misconduct or misbehavior established against these office holders or incapacity to perform the functions of the office by reason of infirmity of mind or body or death or retirement or upon resignation by the office holder,” the writ clarified.

The plaintiffs are further saying that the President does not also wield the power, according to the Constitution, to make new appointments to the aforementioned offices upon assumption of office, unless the persons already occupying such portfolios are unavailable upon any of the circumstances already indicated above.

1. 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 296 of the 1992 Constitution of Ghana, the President of the Republic of Ghana has no authority to terminate the appointment or remove from office of a person occupying 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, unless only upon proven stated misconduct or misbehavior established against these office holders or incapacity to perform the functions of the office by reason of infirmity of mind or body or death or retirement or upon resignation by the office holder.
2. A further 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 296 of the 1992 Constitution of Ghana, the President of the Republic of Ghana upon assumption of office does not have the power to make a fresh appointment 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 Immigration Service unless the immediate holder of the office is deceased; retired, or incapable of performing functions of the office by reason of infirmity of the body or mind or resignation or dismissed upon proven stated misconduct or misbehavior established against the office holder.
3. Another 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, 296 of the 1992 Constitution of Ghana, upon a change of government, the newly appointed President of the Republic of Ghana has no authority or power to terminate 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 and Comptroller General of Immigration Service unless the office holder is deceased; retired, or incapable of performing functions of the office by reason of infirmity of the body or mind or upon proven stated misconduct or misbehavior or upon resignation.