Henry Nana Boakye
The Supreme Court has given the National Organiser of the New Patriotic Party (NPP), Henry Nana Boakye (Nana B), 14 days within which to amend his case challenging government’s decision to terminate all appointments and recruitments made into the public sector by the previous government after the December 7, 2024 election.
This was after the court granted a motion filed by his lawyers asking the court for leave to ament the writ of summons and the statement of case.
Th court, presided over by Acting Chief Justice Paul Baffoe-Bonnie and assisted by Justices Avril Lovelace Johnson, Amadu Tanko, Henry Anthony Kwofie, and Richard Adjei-Frimpong, granted the application and gave them 14 days within which to file the proposed amended writ of summons and statement of case attached to the application.
Nana B is before the Supreme Court seeking among others, a declaration that the directive from the Office of the President dated February 10, 2025 and signed by the Chief of Staff to Heads of Government Institutions to annul all appointments and recruitments made in the Public Services of Ghana after December 7, 2024 is unconstitutional, as the Chief of Staff lacks the power to give such a directive.
The suit, which names the Attorney General as the defendant in the matters, also avers that any annulment by the Heads of Government Institutions pursuant to the February 10, 2025 directive from the Office of the President, is unconstitutional as same is in contravention of Article 191(b) of the 1992 Constitution.
The Chief of Staff, Julius Debrah, on February 10, 2025, issued a directive revoking all appointments and recruitments made into the Public Service after December 7, 2024.
A letter issued by him requested all Heads of Government Institutions to take the necessary steps to annul any such appointments or recruitments and submit a comprehensive report on the actions taken to the Office by February 17, 2025.
The Minority NPP has raised several concerns about the revocation of the appointments and recruitments, urging government to reconsider the decision.
The suit filed by Henry Nana Boakye contends that should the court find that the Chief of Staff has the power to give the subject directive, it should declare that the directive from the Office of the President dated and signed by the Chief of Staff to Heads of Government Institutions to annul all appointments and recruitments made in the Public Services of Ghana after December 7, 2024 is in contravention of Article 191 (b) of the 1992 Constitution, as same is without just cause and thus unconstitutional.
“A declaration that on a true and proper interpretation of Article 58(2) of the 1992 Constitution of Ghana, the President of the Republic of Ghana is under an obligation to execute and maintain Article 191 (b) of the 1992 Constitution and the Public Services Commission Act, 1994 (Act 4).”
He further wants a declaration that President Mahama has breached Articles 58 (2) and 191(b) of the 1992 Constitution in view of the aforementioned directive.
Again, he wants “An Order in the nature of prohibitory injunction directed at the Heads of Government Institutions to refrain from annulling the appointments and recruitments made in the Public Services of Ghana after December 7, 2024.”
BY Gibril Abdul Razak