IMANI, Kwesi Aning Take Legal Action Against Attorney General Over Appointment Procedures for Heads of Uniformed Security Services

The IMANI Centre for Policy and Education, along with Professor Kwesi Aning from the Kofi Annan International Peacekeeping Training Centre, have initiated legal action against the Attorney General concerning the appointment processes for leaders of uniformed security agencies.

The petitioners have raised concerns about the practice of incoming governments terminating the tenures of certain institutional heads.

In documents filed with the Supreme Court on March 11, 2024, the petitioners are seeking an injunction to prevent future presidents from dismissing agency heads without sufficient cause.

They argue that the removal of these leaders should only occur in cases of established misconduct.

Citing specific instances, the plaintiffs mention the premature departure of Mr. Emmanuel Yao Adzator, the former Director-General of the Prisons Service, who was instructed to take leave at the age of 54, followed by the appointment of a successor.

The petitioners assert that a new President does not possess the authority to appoint new individuals to crucial positions such as the Chief Fire Officer, Inspector General of Police, Director-General of Prisons Service, and Comptroller General of the Immigration Service, unless the incumbent has passed away.

“In some instances, these dismissals take place before the officeholder reaches the statutory retirement age. For example, in 2017, the then Director-General of the Prisons Service, Mr. Emmanuel Yao Adzator, was directed to proceed on leave at the age of 54, after which another individual was appointed to the position.

“The President of the Republic of Ghana, upon assuming office, does not have the power to make a fresh appointment to the offices 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 incumbent holder of the office is deceased.”

The petitioners also seek “A declaration that, based on a true and proper interpretation of 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 of the Republic of Ghana has no authority to terminate the appointment or remove heads of the agencies unless only upon proven stated misconduct or misbehavior established against these officeholders.”

The positions in question include the Comptroller General of the Immigration Service, the Chief Fire Officer, the Inspector General of Police, and the Director-General of the Prisons Service.