Supreme Court Dismisses IMANI Suit Challenging President’s Powers Over Security Chiefs

The Supreme Court has dismissed a suit filed by IMANI Africa challenging the President’s constitutional authority to appoint and remove heads of Ghana’s security agencies.

In its ruling, the Court held that the plaintiffs failed to establish any legal basis for their claims and accordingly dismissed all reliefs sought.

The case, filed in 2024 by IMANI Africa in collaboration with security analyst Professor Kwesi Aning, sought a declaration that the President does not have unfettered discretion to remove heads of certain security institutions.

Delivering the judgment, the presiding judge, Justice Gabriel Pwamang, stated that the Court found no merit in the arguments presented by the plaintiffs.

The Court drew a legal distinction between various security positions, noting that offices such as the Inspector-General of Police (IGP) and the Director-General of Prisons do not fall under the category of public officers protected by Article 191 of the Constitution.

However, it further held that the appointments of the Chief Fire Officer and the Comptroller-General of the Ghana Immigration Service are governed by statutory provisions and remain within the President’s appointing authority.

The Court emphasized that the President is constitutionally mandated to constitute and oversee the country’s security architecture, which includes the appointment of heads of key security institutions.

The plaintiffs had argued that the President’s powers in this regard should be limited and subject to constitutional safeguards, but the Court disagreed.

The ruling effectively reaffirms the executive’s authority over security sector appointments under the current constitutional framework.