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IMANI Ghana and security expert Kwasi Aning have filed a new lawsuit challenging the executive's appointment of heads of security agencies in Ghana.
This new legal action follows the withdrawal of a previous case from the Supreme Court, as reported by citinewsroom.com.
On Wednesday, June 5, 2024, the Supreme Court officially struck out the earlier suit after the plaintiffs' lawyers, representing IMANI Ghana and Kwesi Aning, submitted a notice to discontinue the matter.
Chief Justice Gertrude Sackey Torkornoo, leading a panel of seven, expressed displeasure over the case's publicization and subsequent withdrawal, calling it “really unacceptable.”
The plaintiffs' counsel, Paa Joe Akuamoah Boateng, explained that the withdrawal was necessary to refile the case due to new developments.
In the original writ, IMANI Ghana and Prof. Kwesi Aning sought a declaration from the Supreme Court regarding the interpretation of various articles of the 1992 Constitution.
They argued that the President lacks the authority to terminate or remove heads of certain security agencies, except in cases of proven misconduct or misbehaviour.
The agencies in question include the Chief Fire Officer of the Fire Service, Inspector General of Police, Director General of Prisons Service, and Comptroller General of Immigration Service.
The plaintiffs argued that the President does not have the power to make new appointments to these positions unless the incumbent is deceased. They also contended that appointing new heads upon a president's assumption of office is unconstitutional.
The suit highlighted instances where new administrations forced the termination of these heads' appointments before they reached statutory retirement age. For example, in 2017, the then Director-General of the Prisons Service, Emmanuel Yao Adzator, was asked to proceed on leave at age 54 and was subsequently replaced.
IMANI Ghana and Prof. Aning seek a court order to prevent the President from dismissing or removing heads of the specified security agencies except in cases of proven misconduct, resignation, retirement, death, or incapacity due to infirmity of body or mind.
This new suit aims to ensure that the constitutional rights of these officials are upheld and that their appointments are protected from executive overreach.
The plaintiffs hope that this legal action will bring clarity and stability to the appointment processes within Ghana’s security agencies.
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