A man, Theophilus Donkor, has headed for the Supreme Court seeking a perpetual injunction against the removal of persons from public boards in the event of a change in government.
In an application filed to that order, Donkor wants the court to stop presidents from what has become a tradition of ousting heads of public institutions and dissolving board members.
The practice has drawn much criticism as it does not promote continuity, just as it politicises government agencies and public institutions.
In the writ which has the Attorney General and Minister of Justice as defendants, the plaintiff wants a 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 the 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.”
Donkor does not only want to stop presidents from dissolving governing boards and removing of heads of institutions merely on account of the assumption of office by presidents, he also wants the court to declare the act as unconstitutional.
More so, Theophilus Donkor wants the highest legal body to declare 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.”
He wants “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,” as stated in his application.
It remains to see how the suit will turn out and the effect it will bring to bear.
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