The Supreme Court has adjourned a case filed by Imani Africa and Security Analyst Prof Kwesi Aning challenging the powers of the President to terminate the appointment of the Inspector General of Police and other heads of security services such as, Chief Fire Office and Comptroller General of Immigration Service.
They argue that these institutions are part of the Public Services of Ghana and hence removal of their heads must be justified under Article 191(b) of the Constitution
When the case was called for hearing on Thursday, May 23, lawyers of the Attorney-General noted that they were yet to respond to the suit and hence prayed the court for additional time.
Presiding judge, Justice Kwame Asiedu granted the application and ordered lawyers of the state to file their documents within seven days.
The plaintiffs IMANI Africa and Security Analyst Prof Kwesi Aning are additionally seeking the following reliefs from the apex court:
- 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 misbehaviour 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 order 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 misbehaviour established against them or incapacity to perform their functions by reason of infirmity of mind or body or death or retirement or upon resignation.
They pleaded for seven days which was not opposed by counsel for IMANI Africa.
By Laud Adu-Asare
