v

The removal of heads of public corporations as a result of a change of government has been declared as unconstitutional by the Supreme Court.

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.

According to the court, the appointments of such public service officers were governed by Article 195 of the Constitution.

The removal of such public service officers, the court held, must, therefore, 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.

Article 195 Clause 1 of the Constitution gives the President of the Republic the power to appoint public service officers, but with the advice of the governing board of the specific corporation, “given in consultation with the Public Services Commission”.

Article 191 (b) states: “A member of the public service shall not be dismissed or removed from office or reduced in rank or otherwise punished without a just cause.”

1 COMMENT

  1. Government can’t sack CEOs? Yooo! Is it already in the constitution or inserted now? If exist already, then where were the “so called” chief justices of the land when every body were been sacked in rainbow style from offices across this country? Master, this judgement, either it sees to the reverse of all dismissed CEOs, Deputies, public service officers and personnel etc. or be mute until after NDC bounce back to government (In Sha Allah) in January, 2021and replace all akufo ado appointees before the judgement is implemented. This akufos think they are smatter.

LEAVE A REPLY

Please enter your comment!
Please enter your name here