IMANI Africa and Prof Kwesi Aning Challenge Government’s Power Over Security Appointments in Supreme Court Petition
In a bold move aimed at safeguarding the integrity of Ghana’s security apparatus, policy think tank IMANI Africa, in collaboration with Prof Kwesi Aning, has taken the government to task by filing a writ at the Supreme Court. Their goal: to challenge the constitutionality of the removal and dismissal of key security personnel upon the assumption of office by a new administration.
The plaintiffs argue that the abrupt removal of top officials such as the Inspector General of Police, Controller General of the Immigration Service, Chief Fire Officer of the Ghana Fire Service, and Director General of the Prisons Service without just cause violates Article 191(b) of the constitution. They contend that these positions are integral components of Ghana’s public services, and any dismissal must be grounded in constitutional provisions.
Highlighting the structured nature of these security institutions, the plaintiffs assert that leadership within them should ideally be promoted or appointed from within, subject to the organizations’ service conditions. Despite this, successive governments have routinely replaced heads of these institutions upon taking office, regardless of their tenure or performance.
IMANI Africa and Prof Kwesi Aning seek several declarations from the Supreme Court, including limitations on the president’s authority to terminate appointments or make fresh ones for these positions without just cause. They argue that such arbitrary actions undermine institutional stability and constitutional principles of due process.
The petition underscores the critical role these security institutions play in maintaining national security and challenges the notion that their leadership should be subject to arbitrary removal at the discretion of the president.
As the case unfolds in court, it raises important questions about governance and security sector management in Ghana, with potential implications for the country’s institutional framework and democratic principles.
