Supreme Court ruling on CEOs dismissal good for job security – Labour consultant

Labour consultant Seth Abloso has said the Supreme Court ruling on dismissal of Chief Executive Officers of public institutions provides some form of job security for heads of these institutions.

Mr. Abloso who made this observation on TV3’s 'The Key points' news analysis programme on Saturday, adds, the ruling is one that strengthens good governance and emphasizes the need for security of tenure within the public sector.

“This judgment is very welcomed, will ensure security of tenure for CEOs and persons in public service,” he observed.

“I think it is important, and this will ensure good governance so that if public institutions advertise vacancies, suitable, qualified persons who are available can apply and be selected through a transparent process.”

The Supreme Court in a unanimous decision by a seven-member panel last week held that the removal of heads of public institutions when new party forms government is unconstitutional.

The Court presided over by Justice Sophia Akuffo said per Article 190 Clause 1(b) of the 1992 Constitution, public corporations were part of the Public Services of Ghana and, therefore, such persons were public service officers whose appointments were protected by the Constitution.

The court held that the appointments of such public service officers were governed by Article 195 of the Constitution.

As a result, the court said the removal of such public service officers must be done in accordance with the terms and conditions of their contract of engagement or it must be justified, as stipulated in Article 191 of the Constitution.

By this decision, the Supreme Court has repealed the section of the Presidential (Transition) Act 2012 (Act 845) which terminated the appointments of the chief executives or director-generals of public corporations, statutory boards and authorities upon the assumption of office of a new President.

It is on the back of this ruling that the labour consultant, Seth Abloso said the ruling is one that is good for Ghana’s democracy, and will further see to the effective running of public institutions in the country.

He said prior to the decision by the Supreme Court, even persons below CEO level were given direct appointment from the office of the president, and was now certain this will change going forward.