Supreme Court orders Attorney General to file defence in IMANI, Prof Kwesi Aning case against Akufo-Addo

The Supreme Court of Ghana has ordered the Office of the Attorney General to file its defence in the suit filed against President Nana Addo Dankwa Akufo-Addo by Prof Kwesi Aning, the Director of Academic Affairs and Research at the Kofi Annan International Peacekeeping Training Centre (KAIPTC) and IMANI Centre for Policy and Education, a Civil Society Organisation.

The apex court of the land, in a writ sighted by GhanaWeb, ordered the Attorney General, Godfred Dame, to file the state's defence statement within 14 days.

“IN THE NAME OF THE REPUBLIC, you are hereby commanded within fourteen days after service on you of the Plaintiffs' Statement of case, inclusive of the day of service to file or cause to be filed for you, the Defendant's statement of case in an action at the suit of: IMANI CENTRE FOR POLICY & EDUCATION; PROF. KWESI ANING,” parts of the writ reads.

IMANI Africa and Prof Kwesi Aning sued the state regarding President Akufo-Addo’s power to fire the heads of Ghana’s internal security agencies including the Chief Fire Officer of the Fire Service, the Inspector General of Police, the Director-General of Prisons Service and the Comptroller General of the Immigration Service.

The plaintiffs are seeking that the Supreme Court would interpret the sections of the 1992 Constitution of Ghana that border on the appointment of the heads of the security agencies including Articles 200, 202(1), 202(2), 202(3), 205, 207 (1), 207(2), 207(3), 190(1), 191, 196, 199 and 296 of the constitution.

Below are the reliefs being sought by Prof. Aning and IMANI Africa:

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.

4. 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, upon a change of government, the newly appointed President of the Republic of Ghana has no authority or power to appoint new persons to occupy 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 offices are vacant by reason of the death, resignation or retirement of the immediate office holder; or the current office holder is incapable of performing functions of the office by reason of infirmity of the body or mind or upon dismissal of the immediate office holder upon proven stated misconduct or misbehavior.

5. A declaration that, upon a true and proper interpretation of Articles 12 (2), 17, 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, the practice of the termination or removal from office of persons occupying the positions of the Chief Fire Officer of the Fire Service; Inspector-General of Police; Director-General of Prisons Service and Comptroller General of Immigration Service who are members of the public services upon the assumption of a new government by the President of the Republic in the absence of resignation, retirement, death, proven stated misbehaviour or misconduct, incapability to perform the functions of the office by reason of infirmity of body or mind by the immediate occupants of the offices is unconstitutional.

6. A declaration that upon a true and proper interpretation of Articles 12 (2), 17, 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 practice of the appointment of persons to take over from the occupants of 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 who are members of the public services upon the assumption of a new government by the President of the Republic in the absence of retirement, resignation, death, proven stated misbehaviour or misconduct, incapability to perform the functions of the office by reason of infirmity of body or mind by the current occupants of the offices is unconstitutional.

7. 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 and Comptroller General of Immigration Service unless only in cases of proven stated misconduct or misbehavior established against such persons or upon retirement or resignation or death or incapacity to perform the functions of the office by reason of infirmity of body or mind.

8. Any further order(s) or direction(s) as this Honourable Court may deem necessary.

BAI/DO

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