Gov't can't sack state CEOs - Supreme Court declares

The apex court said the appointments of such public service officers were governed by Article 195 of the Constitution.

Therefore, the removal of such public service officers must be done in accordance with the terms and conditions of their contract of engagement or it must be justified, as stipulated in Article 191 of the Constitution.

This ruling comes after a legal practitioner, Mr Theophilus Donkor, invoked the original jurisdiction of the court to interpret the 1992 Constitution in January, 2017.

He sought a declaration that the removal from office of such chief executives, chief executive officers, director-generals (howsoever called) and members of governing boards of public corporations merely on account of the assumption of office of the person elected as President “does not amount to a just cause and is accordingly unconstitutional.

President Nana Addo Dankwa Akufo-Addo Pulse Ghana

Second, a declaration that to the extent that Section 14 of the Presidential (Transition) Act 2012 (Act 845) requires all chief executives, chief executive officers, director-generals (howsoever called) and members of governing boards of public corporations to cease to hold office merely on account of the assumption of office of the person elected as President, the said Section 14 is unconstitutional as being inconsistent with the letter and spirit of the Constitution, particularly articles 70(1)(d)(iii), 190 and/or 191(b) of the Constitution;

Third, an order of perpetual injunction restraining any person or authority from removing from office such chief executives, chief executive officers, director-generals (howsoever called) and members of governing boards of public corporations merely on account of the assumption of office of the person elected as President.

Supreme Court of Ghana ece-auto-gen

In a unanimous decision, a seven-member panel of the court, presided over by the Chief Justice, Justice Sophia Akuffo, held that per Article 190 Clause 1(b) of the 1992 Constitution, public corporations were part of the Public Services of Ghana and, therefore, such persons were public service officers whose appointments were protected by the Constitution.

By this decision, the Supreme Court has repealed the section of the Presidential (Transition) Act 2012 (Act 845) which terminated the appointments of the chief executives or director-generals of public corporations, statutory boards and authorities upon the assumption of office of a new President.

The unanimous decision of the court was read by Justice Professor Nii Ashie Kotey, while the other members on the panel were Justices Jones Dotse, Sule Gbadegbe, Anthony A. Benin, Samuel K. Marful-Sau and Nene Amegatcher.