Supreme Court adjourns case challenging presidential powers on public officers dismissal

The Supreme Court has postponed a significant case filed by Imani Africa and Security Analyst Professor Kwesi Aning, challenging the President's authority to terminate the appointments of key public officers, including the Inspector General of Police, the Chief Fire Officer, and the Comptroller General of Immigration, except for specified misconduct.

Originally scheduled for hearing on Thursday, May 23, the case was deferred as the state has not yet submitted its responses. The state's legal representative requested a seven-day extension to file the appropriate responses, a request granted by the court.

The plaintiffs, represented by Professor Aning, seek a declaration from the Supreme Court. They argue that, according to Articles 200, 202(1), 202(2), 202(3), 205, 207(1), 207(2), 207(3), 190(1), 191, 196, 199, and 269 of the 1992 Constitution of Ghana, the President does not have the authority to dismiss heads of these agencies unless there is proven misconduct or misbehavior.

The contested offices include the Chief Fire Officer of the Fire Service, the Inspector General of Police, the Director-General of the Prisons Service, and the Comptroller General of Immigration. Additionally, the plaintiffs assert that the President cannot make fresh appointments to these positions unless the current officeholder is deceased.

Moreover, the plaintiffs argue that appointing new heads of these uniformed security services by a new President upon taking office is unconstitutional. They highlight troubling trends where new governments forcefully terminate these heads' appointments, disregarding their constitutional rights.

Citing examples, they mentioned the case of Mr. Emmanuel Yao Adzator, the Director-General of the Prisons Service, who was asked to proceed on leave at age 54 in 2017, leading to his replacement before reaching the statutory retirement age.

Consequently, the plaintiffs are seeking an order to prevent the President from dismissing or attempting to dismiss these officers unless there is proven misconduct, retirement, resignation, death, or incapacity to perform their duties due to infirmity.