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Supreme Court throws out IMANI suit on security chiefs

The Supreme Court has dismissed a suit filed by policy think tank IMANI Africa and security analyst Professor Kwesi Aning challenging the president’s constitutional authority to appoint and remove heads of the country’s security agencies.

The apex court, presided over by Justice Gabriel Scott Pwamang, held that the plaintiffs failed to establish merit in their claims and consequently dismissed all the reliefs sought.

Delivering the judgment, the Court ruled that the positions of the Inspector-General of Police (IGP) and the Director-General of Prisons do not fall within the ambit of Article 191 of the 1992 Constitution, which provides protection for certain categories of public officers.

The Court further held that the appointments of the Chief Fire Officer and the Comptroller-General of the Ghana Immigration Service are governed by relevant statutory provisions and remain subject to the President’s discretion.

According to the Court, the President, as the constitutional authority responsible for the country’s security architecture, has the mandate to constitute and supervise the leadership of the security services in accordance with the law.

The suit, filed in 2024 by IMANI Africa and Professor Aning, sought a declaration that the President does not possess unfettered powers to terminate the appointments of heads of specified security agencies.

The plaintiffs had argued that holders of such offices enjoy constitutional protections that limit the President’s authority to remove them from office without due process.

However, the Supreme Court rejected those arguments and upheld the President’s authority as provided under the Constitution and applicable laws.

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