Henry Nana Boakye
National Organiser of the New Patriotic Party (NPP), Henry Nana Boakye (Nana B), has sued government over the decision to terminate all appointments and recruitments made into the public sector by the previous government after the December 7, 2024 election.
The suit, filed at the Supreme Court, seeks 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 Constitution, 1992.
Annulment
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 indicated that “Consistent with Government pronouncement in relation to near end of tenure appointments and recruitments, I wish to bring to your attention that all appointments and recruitments made in the Public Services of Ghana after 7th December, 2024 are not in compliance with established good governance practices and principles.”
It added that “Accordingly, all Heads of Government Institutions are hereby requested to take the necessary steps to annul any such appointments or recruitments and submit a comprehensive report on the actions taken to this Office by 17th February, 2025.”
The Minority NPP has raised several concerns about the revocation of the appointments and recruitments, urging government to reconsider the decision.
But government maintains its decision, with the Majority Leader, Hassan Ayariga, calling it “reckless” and detrimental to the country’s fiscal stability.
Suit
Nana B has now followed through with his threat to sue the government if the decision is not rescinded, arguing that the revocation is unconstitutional.
He avers 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),” the suit added.
He further wants a declaration that President John Dramani Mahama has breached Articles 58 (2) and 191(b) of the 1992 Constitution of Ghana 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 recruitment made in the Public Services of Ghana after 7th December, 2024.”
BY Gibril Abdul Razak