LegalNews

Prof Aning, IMANI file writ at Supreme Court for a declaration that removal of IGP, others by new governments unconstitutional

Over the years, new governments in Ghana have removed, dismissed or asked heads of these institutions to proceed on leave irrespective of whether they have attained the compulsory retirement age

Policy think tank, IMANI Africa has filed a writ at the Supreme Court pursuant to Article 2(1) of the 1992 Constitution seeking among others a declaration that the removal and dismissal of the Inspector General of Police, Controller General of the Immigration Service, CFO of the Ghana Fire Service and the Director General of the Prisons Service upon the assumption of office of a new government is unconstitutional.

The plaintiffs, Imani Africa and Prof Kwesi Aning, argue that these institutions are part of the public services of Ghana there by the removal of their heads must be justified under Article 191(b) of the constitution.

Furthermore, they aver that these institutions are regimented services whose leadership must rise or be appointed from amongst the ranks and therefore must be subject to the service conditions of the institutions they belong.

Over the years, new governments in Ghana have removed, dismissed or asked heads of these institutions to proceed on leave irrespective of whether they have attained the compulsory retirement age and thus appointing new ones in their stead.

They however submit that given the importance of these institutions and their effect on the security of the state, it was not intended for them to be removed at the will of the president.

The plaintiffs are additionally seeking the following reliefs from the apex court:

  1. A declaration that per the constitution the president has no authority to terminate the appointment of these heads unless only upon proven stated misconduct or misbehavior established against them or incapacity to perform their functions by reason of infirmity of mind or body or death or retirement or upon resignation.

2. A declaration that upon assumption of office a new president has no power to make fresh appointment for these heads of institutions unless only upon proven stated misconduct or misbehaviour established against them or incapacity to perform their functions by reason of infirmity of mind or body or death or retirement or upon resignation.

3. A declaration that the practice of appointing new persons to replace these heads upon the assumption of office of new governments in the absence of proven stated misconduct or misbehavior established against them or incapacity to perform their functions by reason of infirmity of mind or body or death or retirement or upon resignation is unconstitutional.

4. A consequential order to restrain or prevent the president of the republic from dismissing or removing or attempting to remove any of these heads unless only upon proven stated misconduct or misbehaviour established against them or incapacity to perform their functions by reason of infirmity of mind or body or death or retirement or upon resignation.

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