Lawyers of IMANI Ghana and Security expert Kwasi Aning have filed a new suit over the appointment of some heads of the security agencies in the country by the executive withdrawing an earlier one filed at the Supreme Court.
The Supreme Court subsequently struck out the old one when the matter was called on Wednesday 5th June 2024.
This was after lawyers of the Plaintiffs- IMANI Ghana and security analysts Kwesi Aning told the Court that, they had filed a notice to discontinue the matter.
Before striking out the case, the Chief Justice, Gertrude Sackey Torkornoo described as “really unacceptable” the manner in which the case was publicised and its subsequent withdrawal.
The panel of seven chaired by Chief Justice, Gertrude Torkornoo wondered why such a widely publicised matter that has gained public interest would be withdrawn.
Paa Joe Akuamoah Boateng, Counsel representing the Plaintiffs explained that the withdrawal was to allow for the case to be refiled following new developments.
Background
In the writ filed in association with security analyst, Prof Kwesi Aning, the plaintiffs 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 removal from office heads of the agencies unless only upon proven stated misconduct or misbehaviour established against these office holders.
These offices included the office of the Chief Fire Officer of the Fire Service; Inspector General of Police; Director General of Prisons Service and Comptroller General of Immigration Service.
Again, the two were seeking a declaration that “The President of the Republic of Ghana upon assumption of Office does not have the power to make a fresh appoint to the office of the Chief Fire Officer of the Fire Service; Inspector General of Police; Director General of Prisons Service and Comptroller General of the Immigration Service unless the immediate holder of the office is deceased”.
The Plaintiffs also were seeking relief that the appointment of the heads of these uniformed security services by a new president who has been voted into power and sworn into office is unconstitutional.
Providing more details to back their case, the two argued that there are concerning trends where new governments compel the termination of the appointment of these heads while disregarding their constitutional rights.
“In some cases, these removals occur before the individual occupants of the office reach the statutory retirement age.
For instance in 2017, the then Director-General of the Prisons Service, Mr. Emmanuel Yao Adzator was asked to proceed on leave at the age of 54 and subsequently another was appointed in his stead,” the suit said.
They are, 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, Comptroller General of Immigration Service unless only in cases of proven and stated misconduct or misbehaviour established against such persons or upon retirement or resignation or death or incapacity to perform the functions of the office because of infirmity of body and mind.
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Meanwhile, in a critical address at the United Nations Headquarters in New York, Major General Richard Addo Gyane, Commandant of the Kofi Annan International Peacekeeping Training Centre (KAIPTC), highlighted the urgent need for agile, adaptive, and effective strategies to address global peace and security challenges.
Major General Gyane emphasized that the African peace and security landscape has faced numerous threats over the past decade, including election security, cybersecurity, migration, terrorism, and violent extremism. These multifaceted challenges demand robust and non-negotiable strategies.
Speaking at a high-level seminar and expert symposium, the Commandant noted that peacekeeping remains an essential tool for establishing lasting peace and addressing international crises.
crises.
He, however, acknowledged that modern peacekeeping missions are under increasing pressure to adapt to more volatile and high-risk environments.
“Peacekeeping as a form of intervention has undergone significant shifts since the end of the Cold War,” he stated.
“Recent developments, such as the UN’s exit from Mali in 2023 and the impending conclusion of its mission in the Democratic Republic of the Congo (DRC) in late 2024, indicate a new trend in international peacekeeping: a move away from extensive, multidimensional missions towards more targeted and stabilization-focused, often ad hoc, operations,” he added.
Amid these geopolitical shifts and complex challenges, the seminar provided a platform for discussing the urgent need for relevant, responsive, and impactful multilateral responses. Major General Gyane warned that peacekeeping missions face threats from armed groups, criminals, and terrorists with access to powerful modern weapons, significantly impacting their ability to operate safely and fulfill their mandates.
“The changing security environment, the multiplicity of actors, the complex mandates, and the challenges confronting peacekeepers today are symptomatic of the transformation over the past six decades,” he said. Budget cuts and the expectation for missions to achieve more with fewer resources further compound the situation.
Major General Addo Gyane called for a holistic overhaul of mission performance, stressing the need for UN member states from both the Global South and North to reassess the effectiveness of peacekeeping in the contemporary global landscape.
Major General Gyane reiterated KAIPTC’s commitment to promoting global peace and security, aligning with its strategic objective to enhance the capacities of ECOWAS, the African Union, and the UN in ensuring good governance, peace, and security in Africa.
The seminar, themed “Preparing and Building for the Future: Pathways Towards More Nimble, Adaptive and Effective Peacekeeping,” coincided with the International Day of UN Peacekeeping.
It was a pivotal gathering of representatives from member states, academia, think tanks, peacekeeping training centers, and UN practitioners.
The event, built on the Secretary-General’s “New Agenda for Peace”, served as a precursor to the upcoming Summit of the Future, fostering forward-looking policy dialogue.
Dr. Emma Birikorang, Acting Director of the Faculty of Academic Affairs and Research at KAIPTC, moderated an expert roundtable addressing structural and persistent issues that inhibit adaptation to new circumstances and challenges.
The roundtable focused on making peacekeeping nimbler and more adaptive, enhancing adaptation through evidence-based decision-making.
The seminar was co-sponsored by Ghana, India, Norway, and Switzerland, along with various peace operations networks and institutions such as the Effectiveness of Peace Operations Network (EPON), the Geneva Centre for Security Policy (GSCP), the Kofi Annan International Peacekeeping Training Center (KAIPTC), the Norwegian Institute of International Affairs (NUPI), the United Service Institution of India (USI) and the UN Department of Peace Operations.
The seminar underscored the collaborative effort needed to enhance peacekeeping effectiveness.
Aside from their participation in the high-level seminar, Major General Gyane and Dr. Birikorang made strategic courtesy calls on major peacekeeping stakeholders in New York to foster new collaborations and strengthen existing partnerships.
