While the President may be within his rights to make such a decision, Franklin Cudjoe, founder and president of IMANI Africa, has stated that this development underscores a longstanding legal challenge regarding presidential authority over security agency heads.

Mr. Cudjoe has taken the opportunity to clarify the nature of IMANI’s legal action.

“This morning’s injunction filed by our lawyers was in furtherance of a suit filed by IMANI and Prof. Kwesi Aning LAST YEAR, MARCH 2024 at the Supreme Court, nine months before the December elections,” he clarified in an article.

He dismissed claims that the injunction was a strategic move to derail the newly elected President John Mahama.

“It is not about any attempt to derail John Mahama at all,” he asserted, explaining that the request was based on widespread reports about Dampare’s removal.

The legal action, according to Cudjoe, aims to establish a constitutional boundary for presidential authority over security service heads.

He outlined the key argument: “We were asking the apex court to issue a declaration that upon a true and proper interpretation of the letter and spirit of Articles 200, 202(1), 202(2), 202(3), 205, 207(1), 207(2), 207(3), 190(1), 191, 196, 199, and 269 of the 1992 Constitution of Ghana, the President of the Republic of Ghana has no authority to terminate the appointment or remove from office heads of the agencies unless only upon proven stated misconduct or misbehavior.”

These agencies include the Fire Service, the Prisons Service, and the Immigration Service, alongside the Police Service.

The crux of IMANI’s argument is that heads of these institutions should not be arbitrarily dismissed but only removed under specific conditions outlined in the Constitution.

Franklin Cudjoe pointed to historical precedents where security agency heads were ousted before reaching the statutory retirement age.

“For instance, in 2017, the then Director-General of the Prisons Service, Emmanuel Yao Adzator, was asked to proceed on leave at the age of 54, and subsequently, another was appointed in his stead,” he noted.

He drew a direct comparison to Dr. Dampare’s situation.

“Today, Dr. Dampare, aged 54, the immediate past IGP, has been removed by a new president without stating any of the grounds in the Constitution upon which he has been removed,” Mr. Cudjoe said, raising concerns about the arbitrary exercise of presidential power.

IMANI is not just challenging Dr. Dampare’s removal but seeking a landmark ruling that would restrict future presidents from unilaterally replacing security service heads.

“We were, therefore, demanding a consequential order to restrain or prevent the President of the Republic from dismissing or removing or attempting to dismiss or remove the appointment of persons occupying the offices of the Chief Fire Officer of the Fire Service, Inspector General of Police, Director-General of Prisons Service, and Comptroller General of Immigration Service unless only in cases of proven and stated misconduct or misbehavior,” he explained.

Mr. Cudjoe further stressed that such removals should only happen under conditions such as “retirement, resignation, death, or incapacity to perform the functions of the office because of infirmity of body or mind.”

The Supreme Court is set to rule on the matter on May 7, 2025. Until then, the debate rages on about the limits of executive power and the constitutional protections for heads of Ghana’s security agencies.

“Let’s all wait for the Supreme Court’s ruling,” Franklin Cudjoe concluded, leaving the final decision in the hands of Ghana’s apex court.

ALSO READ:

• Franklin Cudjoe cautions Mahama against Dampare’s removal

• Imani Ghana and Prof Aning head to Supreme Court to stop removal of IGP,…

• Mahama appoints COP Yohunu as new IGP

The A-G has said it is only the Supreme Court which has the exclusive original jurisdiction in all matters relating to the enforcement and interpretation of the 1992 Constitution.

“The Respondents and the President are not lower courts or lower adjudicating authorities, therefore, they cannot be amenable to the supervisory jurisdiction of the High Court under Article 141 of the 1992 Constitution and Section 16 of the Courts Act, 1993 (Act 459).” the AG clarified.

On Wednesday, July 17, 2024, President Akufo-Addo appointed COP Mr Yohuno as the new Deputy Inspector-General of Police in charge of Operations.

However, one Emmanuel Felix Mantey on Thursday, August 1, filed a suit at the High Court, seeking an order to prohibit COP Yohuno from acting in the role.

He was also requesting the court to restrain the Attorney General and the Police Council from taking any actions to further the appointment of COP Yohuno.

But a response issued by Ummu Zakari, Principal State Attorney for the A-G said “The appointment of the 3rd Respondent as Deputy Inspector-General of Police was made by His Excellency the President of Ghana in accordance with the advice of the Police Council as required under Article 202 (3) of the Constitution 1992.”

The official communication from the presidency on the appointment read; “President Nana Addo Dankwa Akufo-Addo appointed Commissioner of Police (COP) Christian Tetteh Yohuno as the new Deputy Inspector-General of Police in charge of Operations.”

But the Attorney General referenced the title as “Deputy Inspector-General of Police” instead of the former as was contained in the release from the presidency announcing the appointment.

“The President was performing his administrative functions and not exercising his adjudicatory powers when he appointed the 3rd Respondent as the Deputy Inspector-General of Police, therefore, Article 141 of the 1992 Constitution and Section 16 of Act 459 are not the appropriate statutory provisions to be invoked against him,” the AG added.

It is however not clear if the title has been changed or the reference was an oversight.

Read the full response below:

Source: Adomonline.com

ALSO READ:

• Akufo-Addo appoints COP Yohuno as Deputy IGP in charge of Operations

• COP Yohuno is qualified but… – Bonaa on Deputy IGP appointment [Listen]

• Another suit filed against COP Yohuno’s appointment as Deputy IGP

On Wednesday, July 17, 2024, President Nana Addo Dankwa Akufo-Addo appointed Commissioner of Police (COP) Mr. Christian Tetteh Yohuno as the new Deputy Inspector-General of Police in charge of Operations.

The appointment was announced in a statement signed by the Director of Communications at the Presidency, Eugene Arhin, which noted that the decision was made following the advice of the Police Council during its meeting on the same day.

The statement highlighted COP Yohuno’s exceptional credentials and dedication to duty.

However, in a writ filed at the High Court on Thursday, August 1, Mr Mantey is seeking a court order to prohibit COP Mr Christian Tetteh Yohuno from acting in the role of Deputy Inspector-General of Police in charge of Operations.

He is also requesting the court to restrain the Attorney General and the Police Council from taking any actions to further the appointment of COP Yohuno.

Mantey is asking for an order of judicial review with the following reliefs:

a. An order prohibiting COP Mr. Christian Tetteh Yohuno from acting in the role of Deputy Inspector-General of Police in charge of Operations.

b. An order prohibiting the respondents from carrying out any actions in furtherance of COP Yohuno’s appointment.

Additionally, on July 30, a private legal practitioner, Justice Abdulai also filed a similar suit against the Attorney General and the Police Council regarding the recent appointment of COP Mr. Christian Tetteh Yohuno.

According to him, the decision for President Akufo-Addo to select COP Christian Tetteh Yohuno for the position comes just a few months before the general election.

Jubilee House stated that the appointment follows the advice of the Police Council during its meeting today, where COP Yohuno’s exceptional credentials and dedication to duty were acknowledged.

However, the security analyst insists that the proximity to the December polls is already brewing suspicion among critics.

Speaking on Newsnite, Mr. Bonaa admitted that COP Yohuno is a fine and very disciplined police officer.

The convention all over the world, you don’t tamper with any security architecture usually six months to elections. Trump attempted to do that before the election and his advisors asked him not to do it, and he stopped” he said on Wednesday.

He also questioned the rationale behind the position accompanying the newly appointed Deputy Inspector-General of Police (IGP).

On the same show, Mr Agalga agreed adding that the specific position of ‘Operations’ lacks context and clarity.

“Is that to say that we’re going to have yet another appointment in charge of administration or what, what I do and what the position has always been that we’ve had one slot reserved for Deputy Inspector General of Police?” he said.

ALSO READ:

Akufo-Addo appoints COP Yohuno as Deputy IGP in charge of Operations

We don’t play politics with youth unemployment issues – YEA CEO…