The Supreme Court has unanimously dismissed a joint lawsuit filed by policy think tank IMANI Africa and security analyst, Professor Kwesi Aning, which challenged the President’s constitutional powers over the appointment and removal of heads of some state security agencies.

The suit questioned the President’s authority in appointing and dismissing the Inspector-General of Police (IGP), the Director of Prisons, the Chief Fire Officer, and the Comptroller-General of the Ghana Immigration Service.

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A seven-member panel of the Supreme Court, presided over by Justice Pwamang, with Justices Lovelace-Ackah Mensa-Bonsu, Asiedu, Kwofie, Gaewu, and Ackaah-Boafo, heard the case.

In a unanimous decision, the Court held that the claims lacked merit and therefore dismissed the suit.

The plaintiffs had argued that the President does not have unfettered authority to remove heads of specified security agencies, seeking a constitutional interpretation to limit that power.

However, the Court made a distinction between the various offices cited in the suit, particularly the Inspector-General of Police and the Director-General of Prisons.

It held that those positions do not fall under the category of public officers protected by Article 191 of the 1992 Constitution.

The Court further ruled that the Chief Fire Officer and the Comptroller-General of the Ghana Immigration Service operate under statutory provisions that give the President discretion in their appointment and removal.

It also noted that the President has a constitutional mandate to constitute and supervise the country’s security architecture.

The case, filed in 2024, argued that the President lacks authority to terminate or remove heads of certain security agencies except in cases of proven misconduct or misbehaviour.

The plaintiffs further contended that the President does not have the power to make new appointments to these positions unless the incumbent is deceased, and that appointing new heads upon a president's assumption of office is unconstitutional.

They also argued that previous administrations had prematurely removed such officials before they reached the statutory retirement age, citing the 2017 case in which then Director-General of the Prisons Service, Emmanuel Yao Adzator, was asked to proceed on leave at age 54 and later replaced.

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IMANI Ghana and Prof Aning had sought a court order to restrain the President from dismissing or removing heads of the specified security agencies, except in cases of proven misconduct, resignation, retirement, death, or incapacity due to infirmity of body or mind.

MAG/VPO

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