A private citizen, Theophilus Donkor, has filed a suit at the apex court seeking a perpetual injunction against the removal of persons from public boards by new governments.
The suit, which has the Attorney General and Minister of Justice as defendants, is seeking 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.
The Plaintiff argues that those 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 by the Supreme Court 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.
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.
Theophilus Donkor also 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.”
He also 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.”