The IMANI Centre for Policy and Education, alongside Professor Kwesi Aning from the Kofi Annan International Peacekeeping Training Centre, have commenced legal action against the Attorney General regarding the appointment procedures for leaders within uniformed security agencies.
Their legal filing, lodged with the Supreme Court on March 11, 2024, aims to halt future presidents from dismissing agency heads without valid reasons.
They argue that terminations should only occur in cases of proven misconduct.
The petitioners cite instances such as the premature departure of Mr. Emmanuel Yao Adzator, the former Director-General of the Prisons Service, who was asked to step down at 54, followed by the swift appointment of a successor.
They contend that the authority to appoint key figures like the Chief Fire Officer, Inspector General of Police, Director General of Prisons Service, and Comptroller General of the Immigration Service should rest solely with the incumbent president, barring cases of death.
“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.
“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.”
The plaintiffs are also seeking “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.”
The positions under scrutiny include the Comptroller General of the Immigration Service, the Chief Fire Officer, the Inspector General of Police, and the Director General of the Prisons Service.