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Man takes legal action against termination of appointments by new presidents

In Ghana, most public boards are dissolved and heads of public institutions asked to proceed on leave normally after a change in government, but the plaintiff believes such a practice is unconstitutional.

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In his writ, which has the Attorney General and Minister of Justice as defendants, the plaintiff is seeking proper interpretation of Articles 70 (1)(iii), 190(1)(b) and 191 of the 1992 Constitution, which makes provision for such appointments by the President, arguing that they [members of governing boards] “are members of the Public Services of Ghana, and accordingly cannot be removed from office or cease to hold except for just cause.”

The plaintiff is also seeking a declaration that, the removal from office of such members of governing boards following the assumption of office of a new President of the Republic of Ghana, does not amount to a just cause.

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He further wants a declaration that, section 14 of the Presidential (Transition) Act 2012 (Act 845), which requires such boards to seize operations is “inconsistent with the letter and the spirit of the Constitution, particularly Articles 70(1)(iii), 190 and/or 191(b) of the Constitution.”

His application added that “An order of perpetual injunction restraining any person or authority from removing from office such members of the governing boards of public corporations merely on account of assumption of office of the person elected as President of the Republic of Ghana.”

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