The Supreme Court has adjourned a case filed by Imani Africa and Security Analyst Prof Kwesi Aning challenging the powers of the President to terminate the appointment of key public officers including the Inspector General of Police, Chief Fire Office and Comptroller General of Immigration Service except for stated misbehaviour.

The case was scheduled for a hearing on Thursday, May 23, but was postponed because the state had not yet submitted its responses.

The state’s legal representative requested seven days to file the necessary responses, a request that the apex court granted.

In their writ, filed in conjunction with Professor Kwesi Aning, the plaintiffs are seeking various declarations from the Supreme Court.

They argue that a 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 indicate that the President does not have the authority to terminate or remove the heads of certain agencies from office unless there is proven misconduct or misbehavior.

These positions include the Chief Fire Officer of the Fire Service, Inspector General of Police, Director General of the Prisons Service, and Comptroller General of the Immigration Service.

Additionally, the plaintiffs seek a declaration that the President cannot make new appointments to these offices upon assuming office unless the current officeholder is deceased.

They argue that appointing new heads of these uniformed security services by an incoming president is unconstitutional.

The plaintiffs further contend that there is a troubling trend where new governments force the termination of these heads’ appointments, thereby disregarding their constitutional rights.

“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 read.

They are, therefore, demanding a consequential order to restrain or prevent the President of the Republic from dismissing or removing or attempting to dismiss or remove the appointment of persons occupying the offices of the Chief Fire Officer of the Fire Service; Inspector General of Police; Director-General of Prisons Service, Comptroller General of Immigration Service unless only in cases of proven and stated misconduct or misbehaviour established against such persons or upon retirement or resignation or death or incapacity to perform the functions of the office because of infirmity of body and mind.