Some 40 individuals have sued government for dismissing them from the public sector following a change in government.
According to the suit filed before a High Court in Accra, neither the President nor the Chief of Staff has the power to remove a member of the Public Service from office save and except on the grounds specified in Article 191(b) of the Constitution.
It is also challenging the letter issued by the Chief of Staff on February 10, 2025, requesting all heads of government to take the necessary steps to annul any appointment or recruitments made after December 7, describing it as unlawful, null and void.
They argue that they were not appointed after the December 7 election, as some of them were appointed in October 2024.
Attached to the suit are the Attorney General, Ghana Revenue Authority (GRA), Ghana Shippers Authority, Ghana Ports and Habours Authority, National Lottery Authority, Driver and Vehicle Licensing Authority and the National Health Insurance Authority.
The decision by the Chief of Staff to terminate all appointments and recruitments made after the December 7, 2024 election drew public outcry and condemnation, at a time when youth unemployment continues to be one of Ghana’s main concerns.
The Minority in Parliament and a cross-section of Ghanaians have criticised the National Democratic Congress (NDC) government for the terminations and other job losses, pointing to the party’s campaign promise of creating jobs for the teeming youth.
A group of 40 individuals have now taken government and some state institutions to court over the termination, describing it as unlawful, null and void.
Affidavit
The plaintiffs in their affidavit aver that their appointments were in line with the duty imposed on the state to take all necessary action to secure the maximum welfare, freedom and happiness of every person in Ghana and to provide adequate means of livelihood and suitable employment and public assistance to the needy in accordance with Article 36(1) of the Constitution.
They argue that they all went through an extensive interview, with some institutions like the GRA even conducting aptitude tests for applicants.
They also argue that it is not factually correct that they were appointed after the December 7 election, as the records would show that some of them were appointed as far back as October 2024.
They described the directive of the Chief of Staff to be arbitrary, a gross abuse of his powers and in contravention of accepted principles of fairness, natural justice and the rule of law.
The plaintiffs further aver that no rule of law or procedure mandates the removal of public servants simply because a new political party has assumed the helm of government following an election.
“That our purported removal from the public service is an affront to the constitutional provisions safeguarding the security of employment and tenure of public servants in the country and constitutes a grave breach of our human rights,” the suit added.
Relief
The plaintiffs are seeking among others, a certiorari to bring the decision to sack them to the court for the purposes of being quashed as being in violation of due process, particularly Article 191(b) of the Constitution and the relevant laws and disciplinary regulations for the Public Service of Ghana.
They are also asking for an order of mandamus compelling the defendant institutions to allow them to resume normal duties as members of the Public Service.
They are also asking for damages for harm, inconvenience and hardship caused to them.
BY Gibril Abdul Razak