Supreme Court Throws Out IMANI Suit on Security Chiefs’ Appointments

Supreme Court Throws Out IMANI Suit on Security Chiefs’ Appointments

  • The Supreme Court has dismissed a suit by IMANI Africa challenging the President’s authority to appoint and remove security agency heads
  • The Court clarified that key roles such as the IGP and Director-General of Prisons are not protected under Article 191 of the Constitution
  • It further upheld that appointments of Chief Fire Officer and Immigration Comptroller-General remain within the President’s constitutional discretion

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The Supreme Court has thrown out a lawsuit brought by IMANI Africa challenging the President’s constitutional authority to appoint and dismiss heads of the country’s security agencies.

Delivering the ruling, the Chairman of the panel, Justice Gabriel Pwamang, stated that the Court found no merit in the arguments advanced by the plaintiffs and therefore dismissed all the reliefs sought.

The Supreme Court, thrown out a lawsuit, IMANI Africam challenging the President's authority, appoint and remove, security chiefs, constitutional powers, President John Mahama, Franklin Cudjoe, Kofi Bentil
Supreme Court throws out a suit by IMANI Africa, helmed by Franklin Cudjoe and Kofi Bentil. on President Mahama authority to appoints security chiefs. Credit: Franklin Cudjoe & Kofi Bentil/Facebook.
Source: Facebook

In its judgment, the Court drew a clear distinction between certain leadership positions within the security services.

According to a report sighted on Citinewsroom, the Apex Court held that the offices of the Inspector-General of Police (IGP) and the Director-General of Prisons do not fall under Article 191 of the Constitution, which provides protection for specific categories of public office holders.

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The Court further ruled that the appointments of the Chief Fire Officer and the Comptroller-General of the Ghana Immigration Service are governed by statutory provisions.

It maintained that these roles remain within the President’s discretion, emphasising that the Constitution mandates the President to establish and oversee the country’s security framework.

Background to IMANI's suit

The suit was initiated in 2024 by IMANI Africa in collaboration with security analyst Professor Kwesi Aning.

The plaintiffs had sought a declaration from the apex court that, upon a proper interpretation of the Constitution, the President does not possess unfettered authority to remove heads of specified security agencies.

However, the Court’s decision effectively affirms the President’s powers in this regard, bringing the legal challenge to a close.

Supreme Court dismisses Gifty Oware-Mensah's application

Meanwhile, YEN.com.gh reported earlier that the Supreme Court had dismissed another application by former National Service Authority Deputy Executive Director, Gifty Oware-Mensah.

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The court held that the constitutional challenge to a practice direction on witness disclosure did not meet the threshold for a stay of proceedings.

She is standing trial for allegedly causing financial loss of over GH¢38 million through a ghost names scheme, charges she has denied.

Source: YEN.com.gh

Authors:
Salifu Bagulube Moro avatar

Salifu Bagulube Moro (Human-Interest Editor) Salifu Bagulube Moro is a Current Affairs Editor at YEN.com.gh. He has over five years of experience in journalism. He graduated from the Ghana Institute of Journalism in 2018, where he obtained a Bachelor’s Degree in Communication Studies with a specialization in Journalism. Salifu previously worked with Opera News as a Content Management Systems (CMS) Editor. He also worked as an Online Reporter for the Ghanatalksbusiness.com news portal, as well as with the Graphic Communications Group Limited as a National Service Person. Salifu joined YEN.com.gh in 2024. Email: salifu.moro@yen.com.gh.