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She has sued the Attorney General, Gloria Akuffo, the Ministry of Communications, the Minister in-charge, Ursula Owusu Ekuful and the Data Protection Commission.
She said her removal from office in July 2017 was against the 1992 Constitution, the Data Protection Act 2012 and the Labour act 2003 (Act 651), among others.
Among the reliefs, she is wants the Court to consider the role she played in setting up the Commission and how she went months without a salary.
Akuetteh Falconer is also seeking the following reliefs:
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- A declaration that the letter issued by Ursula Owusu Ekuful purporting to terminate appointment as Executive Director of the Data Protection Commission is in violation of the 1992 Constitution of Ghana as well as Public Services Commission Act,1994 (Act 482), the Data Protection Act, 2012 (act 843) and the Labour Act 2003 (act 651), among others and as such void and no effect whatsoever.
- A declaration that the subsequent purported appointment of another person to replace her in the said position is also unlawful and has caused financial loss to the state.
- An order directing the Defendants to pay her all compensation, entitlements and benefits due her under the terms of contracts.
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Gloria Akuffo, Attorney General
- Interest on any amount found due to her at the going commercial rate due date till the date of final payment.
- General and exemplary damages for unlawful interferences with her contract of service.
- An order surcharging any person or persons found responsible for willful violation of the 1992 Constitution and the laws of the country with any financial loss caused to the state as a result of the Defendants unlawful conduct.
Supreme Court rules
In June, the Supreme Court ruled that Chief Executive Officers (CEO) of state institutions cannot be sacked anytime there is a change in government.
The apex court said the appointments of such public service officers were governed by Article 195 of the Constitution.
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Ursula-Owusu-Ekuful, Minister of Communications
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.