IMANI Centre for Policy and Education has taken legal action against the Attorney General and Ministry of Justice over concerns about the appointments of heads of various uniformed security agencies to the Supreme Court.

Their concern stems from a pattern where incoming governments force the termination of these heads' appointments, sometimes before they reach the statutory retirement age.

Director of Academic Affairs and Research at the Kofi Annan International Peacekeeping Training Centre, Professor Kwesi Aning, in partnership with the plaintiffs, has filed a lawsuit requesting the Supreme Court to declare 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 remove heads of these agencies unless there is proven misconduct or misbehaviour.

These offices included those of the Chief Fire Officer of the Fire Service, Inspector General of Police, Director General of the Prisons Service and Comptroller General of Immigration Service.

Again, the two are seeking a declaration that …”The President of the Republic of Ghana, upon assumption of office, does not have the power to make a fresh appointment to the office of the Chief Fire Officer of the Fire Service; Inspector General of Police; Director General of Prisons Service and Comptroller General of the Immigration Service unless the immediate holder of the office is deceased…..”.

They are also seeking relief, asserting that the appointment of heads of uniformed security services by a newly elected and inaugurated president is unconstitutional.

Further elaborating on their argument, they pointed out alarming trends where incoming governments force the termination of these appointments, disregarding the constitutional rights of the appointees.

“In some cases, these removals occur before the individual occupants of the office reach the statutory retirement age.

“For instance, in 2017, the then Director-General of the Prisons Service, Mr. Emmanuel Yao Adzator, was asked to proceed on leave at the age of 54 and subsequently another was appointed in his stead,” part of the writ dated March 11, 2024.

Consequently, they are requesting a consequential order that would bar the President of the Republic from dismissing the appointment of those holding the positions of Chief Fire Officer of the Fire Service, Inspector General of Police, Director-General of Prisons Service, and Comptroller General of Immigration Service, unless there is clear and documented evidence of misconduct or misbehaviour against these individuals, or in the event of their retirement, resignation, death, or incapacity to perform the duties of the position due to physical or mental illness.