The National Organizer of the New Patriotic Party, Henry Nana Boakye, has filed a lawsuit at the Supreme Court challenging the government’s decision to terminate appointments made after the December 7, 2024 election.
On February 10, 2025, the Chief of Staff Julius Debrah directed Heads of Government Institutions to annul all appointments and recruitments made in the Public Services after December 7, 2024.
Henry Nana Boakye, a member of the NPP has since initiated an action at the apex court to contest the directive, arguing that it is unjust and unconstitutional.
The writ, filed on February 18, 2025, seeks a declaration that the Chief of Staff lacks the power to give such a directive.
Additionally, Henry Nana Boakye is seeking five declaratory reliefs and consequential orders.
The Attorney General, as the Principal Legal Officer of the State, is the defendant in the case.
The matter raises constitutional questions about the powers of the Chief of Staff and the rule of law as per provisions in Article 2 of the 1992 Constitution.
The Plaintiff who sued the Attorney General (Principal Legal Officer of the State) is seeking five declaratory relief and consequential orders as follows:
a) A declaration that the directive from the Office of the President dated 10th February 2025 and signed by the Chief of Staff to Heads of Government Institutions to annul all appointments and recruitments made in the Public Services of Ghana after 7th December 2024 is unconstitutional as the Chief of Staff lacks the power to give such a directive.
b). In the alternative (where the Court finds that the Chief of Staff has the power to give the subject directive), a declaration that the directive from the Office of the President dated 10th February 2025 and signed by the Chief of Staff to Heads of Government Institutions to annul all appointments and recruitments made in the Public Services of Ghana after 7th December 2024 is in contravention of Article 191 (b) of the 1992 Constitution as same is without just cause and thus unconstitutional.
c). A declaration that any annulment by the Heads of Government Institutions pursuant to the aforesaid directive dated 10th February 2025 from the Office of the President is unconstitutional as same is in contravention of Article 191(b) of the Constitution, 1992.
d). A declaration that on a true and proper interpretation of Article 58(2) of the 1992 Constitution of Ghana, the President of the Republic of Ghana is under an obligation to execute and maintain article 191 (b) of the 1992 Constitution and the Public Services Commission Act, 1994 (Act 4).
e). A declaration that President of the Republic of Ghana has breached articles 58 (2) and 191(b) of the 1992 Constitution of Ghana in view of the aforementioned directive.
f). An Order in the nature of prohibitory injunction directed at the Heads of Government Institutions to refrain from annulling the appointments and recruitment made in the Public Services of Ghana after 7th December 2024.
g). Any other reliefs) or orders this honourable Court may deem just, convenient, and proper to grant.
h). Such further or other orders as the honourable Supreme Court will deem fit.
Source: www.kumasimail.com
