SC gives AG 7 days to file Statement of Case in IMANI suit against removal of security heads

Supreme Court Correspondent, Richard Osei Boateng reports that when the case was called on May 23, the Attorney General asked the court for more time to file its responses.

Is allowance instantly strangers applauded

The Supreme Court has given the Attorney General seven (7) days to file its Statement of Case in a suit filed by policy think tank, IMANI Ghana, challenging how security capos are removed by new governments in Ghana.

The plaintiffs, IMANI and Prof. Kwesi Aning, argue that the Ghana Police Service and three others are part of the public services of Ghana there by the removal of their heads must be justified under Article 191(b) of the constitution.

Supreme Court Correspondent, Richard Osei Boateng reports that when the case was called on May 23, the Attorney General asked the court for more time to file its responses.

This was not objected to by lawyers for the plaintiffs.

The court thus gave the Attorney General, seven (7) days to file its Statement of Case.

The plaintiffs further aver that these institutions are regimented services whose leadership must rise or be appointed from amongst the ranks and therefore must be subject to the service conditions of the institutions to which they belong.

Over the years, new governments in Ghana have removed, dismissed or asked heads of these institutions to proceed on leave irrespective of whether they have attained the compulsory retirement age and thus appointing new ones in their stead.

They however submit that given the importance of these institutions and their effect on the security of the state, it was not intended for them to be removed at the will of the president.

The plaintiffs are thus seeking the following reliefs from the apex court:

  1. A declaration that per the constitution the president has no authority to terminate the appointment of these heads unless only upon proven stated misconduct or misbehavior established against them or incapacity to perform their functions by reason of infirmity of mind or body or death or retirement or upon resignation.

2. A declaration that upon assumption of office a new president has no power to make fresh appointment for these heads of institutions unless only upon proven stated misconduct or misbehavior established against them or incapacity to perform their functions by reason of infirmity of mind or body or death or retirement or upon resignation.

3. A declaration that the practice of appointing new persons to replace these heads upon the assumption of office of new governments in the absence of proven stated misconduct or misbehavior established against them or incapacity to perform their functions by reason of infirmity of mind or body or death or retirement or upon resignation is unconstitutional.

4. A consequential orders to restrain or prevent the president of the republic from dismissing or removing or attempting to remove any of these heads unless only upon proven stated misconduct or misbehavior established against them or incapacity to perform their functions by reason of infirmity of mind or body or death or retirement or upon resignation.