Imani, Prof. Aning sue AG over appointments of heads of uniformed security services
The Imani Centre for Policy and Education, in collaboration with Professor Kwesi Aning from the Kofi Annan International Peacekeeping Training Centre, has taken legal action against the Attorney General and Ministry of Justice by bringing a case to the Supreme Court. They are challenging the appointments made by the President of Ghana to head various uniformed security agencies across the country. The plaintiffs are specifically asking the court to declare that, according to the Constitution of Ghana, the President does not have the authority to dismiss or appoint new heads to the Fire Service, Police, Prisons Service, and Immigration Service unless there is proven misconduct or misbehavior.
They argue that it is unconstitutional for new presidents to remove these heads without just cause. The Imani Centre and Prof. Aning point out instances where heads of these agencies were forced to leave before reaching the retirement age, citing a case in 2017 where the Director-General of the Prisons Service was asked to take leave at a young age of 54. They are seeking an order to prevent the President from dismissing these heads without valid reasons and without following due process. Their aim is to protect the rights of these officials and ensure that appointments are made and terminated in accordance with the law.
Find details here:
The Imani Centre for Policy and Education has dragged the Attorney General and Ministry of Justice to the Supreme Court over the appointments of the heads of the various uniformed security agencies across the country.
In a writ filed in association with the Director of Academic Affairs and Research at the Kofi Annan International Peacekeeping Training Centre, Professor Kwesi Aning, the plaintiffs are 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 are 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…..”.
They are also 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,” part of the writ dated March 11, 2024 and sighted by JoyNews read.
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.
Find the full writ here:
There is a good reason why you should support the African Editors. Not everyone can afford to pay for news right now. That is why we keep our journalism open for everyone to read, including in Ghana. If this is you, please continue to read for free. But if you are able to, then there are three good reasons to support us today.
1. Our quality, journalism is a scrutinising force at a time when the rich and powerful are getting away with more and more.
2. We are independent and have no billionaire owner pulling the strings, so your money directly powers our reporting.
3. It doesn’t cost much, and takes less time than it took to read this message.
Help power the African Editors' journalism for the years to come, whether with a small sum or a larger one. If you can, please support us on a monthly basis from just 1 Ghana Cedi through mobile money number: 0599896099/ +23359989609 and you can be rest assured that you’re making a big impact every single month in support of open, independent journalism. Thank you.
