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Prof. Aning, IMANI Petitions Supreme Court Over President’s Power to Appoint and Terminate Appointments of some Public Officers

Per the suit, they argue that the president has no power to terminate the appointment of such persons unless they are found guilty of misconduct, incapacitated to perform either by infirmity in mind or body, death, or retirement. 

Security Analyst, Professor Kwesi Aning and the Imani Center for Policy and Education have filed a suit at the Supreme Court challenging the constitutionality of the removal of some members of the uniformed security services including the Inspector General of Police (IGP) by the President.

The two plaintiffs contend that the termination of the appointments of the IGP, the Controller General of the Ghana Immigration Service, the Chief Fire Officer of the Fire Service and the Director General of the Prisons Service is unconstitutional and should be declared void.

Per the suit, the two argue that the president has no power to terminate the appointment of such persons unless they are found guilty of misconduct, incapacitated to perform either by infirmity in mind or body, death, or retirement.

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In addition, they indicated that upon assumption of office, the president either in a continuing government or a new government has no power to make fresh appointments to these offices.

Professor Kwesi Aning and the Imani Center for Policy, Education and Energy contend that these positions belong to the public service and consequentially want the Supreme Court to give an order that bars the president from engaging in such an act.

Though plaintiffs acknowledged the constitutional provisions that empower the president to appoint people into these offices, they argue that the constitution is silent on the mode of their removal which presidents over the years have exploited. They therefore want a declaration to restrain any president from doing so.

Past Inspector Generals of Police who had their appointments terminated before retirement or not due to any misconduct, ailment or death include IGP Peter Nanfuri (2001), IGP Patrick Kwateng Acheampong (2009), IGP Paul Tawiah Quaye (2013), IGP David Asante Apeatu (2019), IGP James Oppong Boanuh (2021) who was then succeeded by the current IGP Dr George Akuffo Dampare.

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The day for the hearing of the case is yet to be scheduled and communicated.

IMANI V AG 1

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