The Supreme Court has, by a unanimous decision, dismissed an action filed by policy think-tank IMANI Ghana challenging the President’s power to appoint and remove security heads, describing the suit as lacking merit.
The suit sought to contest the appointments of the Inspector-General of Police (IGP), Director of Prisons, Chief Fire Officer, and Comptroller-General of the Ghana Immigration Service (GIS).
A seven-member panel presided over by Justice Gabriel Pwamang held that the President’s power to appoint the IGP and the Director of Prisons is grounded in the Constitution, while the appointments for the Fire Service and the GIS are provided for by statute.
The Court said due to the security nature of these institutions the Supreme Court will will allow the president to exercise its discretion in appointments of these security heads.
Reliefs sought
- The nature of the reliefs sought by the Plaintiffs are as follows: .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 ofGhana 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.
- 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.
- 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 personsoccupying 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.
- 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.
- 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, 19 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 membersof the public services upon the assumption of a new government by the President of the Republic in the absence of retirement, resignation, death, proven statedm is behaviour 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.
- 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 casesof 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.
- Any further order(s) or direction(s) as this Honourable Court may deem necessary.
Source: Starrfm.com.gh
