Prof. Kwesi Aning
Imani Centre for Policy and Education and Prof. Kwesi Aning, have filed an application at the Supreme Court (SC) seeking to restrain President John Mahama from terminating the appointment of the Inspector General of Police, Dr. George Akuffo Dampare and other heads of the uniformed security services.
The application is asking the apex court to restrain the President or his agents and assigns from sacking any of the heads of the uniformed security services pending the determination of a suit challenging the age-old phenomenon of these appointees losing their jobs as a result of a change in government.
The applicants had filed a suit before the court in March last year, in which they questioned the President’s powers to terminate the appointment of the Chief Fire Officer of the Ghana Fire Service; Inspector General of Police; Director General of Prisons Service and Comptroller General of Immigration Service.
They argue that by the Constitution of Ghana, the President has no authority to terminate the appointment or remove from office a person occupying the office of these security agencies unless only upon proven stated misconduct or misbehaviour established against these office holders.
It is their case that the President can only terminate their appointment on grounds of 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.
The Supreme Court has set May 7, 2025 to deliver its judgement on the suit filed by the plaintiffs, as the Attorney General who is the defendant in the suit has filed all necessary documents.
But the plaintiffs have filed an application to restrain the President from sacking the concerned individuals on ground that they have picked evidence of their imminent removal.
They are asking the court for an order of interlocutory injunction restraining the defendant/respondent, its principals, including President Mahama from sacking them from their respective positions as Heads of the Ghana Prisons Service, the Ghana Immigration Service, the Ghana National Fire Service and the Ghana Police Service, pending the final determination of the suit.
The application notes that “without a doubt, the suit, which raises very serious constitutional issues and with the balance of convenience heavily tilting in favour of the Applicants, this application has merit.”
“That the Defendant suffers no injury, should the application be granted, especially since the decision is in no way far to be delivered; and more so, since, in the event Plaintiffs do not emerge victorious in the final action, the Executive will not be proscribed in exercising their rights of removal of any of these heads,” the application added.
BY Gibril Abdul Razak