A Ghanaian by name Theophilus Donkor, has filed an application at the Supreme Court seeking a perpetual injunction against the removal of persons from public boards in the event of change in government.
Most public boards in Ghana are dissolved and heads of public institutions asked to proceed on leave usually after a change in government, a situation stakeholders in the country have bemoaned.
Meanwhile, the plaintiff in his writ, which has the Attorney General and Minister of Justice as defendants, 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.”
He is also seeking a declaration that, the removal from office of such members of governing boards merely on account of the assumption of office of the person elected as President of the Republic of Ghana, does not amount to a just cause and is accordingly “unconstitutional.”
Theophilus Donkor 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.”
“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,” his application added.