Member of Parliament [MP] for Bia East Constituency in the Western Region, Richard Acheampong has confirmed his party is perfectly in line with the Supreme Court’s recent ruling that it is unconstitutional for a government in power to remove from office, all Chief Executive Officers and Director-Generals of public corporations appointed by previous administrations.
According to the Supreme Court, the appointments of such public service officers were governed by Article 195 of the Constitution.
The removal of such Public Service Officers, the court held, must, therefore, be done in accordance with the terms and conditions of their contract of engagement or it must be justified, as stipulated in Article 191 of the Constitution.
Article 195 Clause 1 of the Constitution gives the President of the Republic the power to appoint public service officers, but with the advice of the governing board of the specific corporation, “given in consultation with the Public Services Commission”.
Article 191 (b) states: “A member of the public service shall not be dismissed or removed from office or reduced in rank or otherwise punished without a just cause.”
By this decision, the Supreme Court has repealed the section of the Presidential (Transition) Act 2012 (Act 845) which terminated the appointments of the Chief Executives or Director-generals of public corporations, statutory boards and authorities upon the assumption of office of a new President.
“To the extent that Section 14 of the Presidential (Transition) Act 2012 (Act 845) requires the chief executives or director-general (however described) of public boards or corporations to cease to hold office upon the assumption of office by a person elected as President of the Republic of Ghana, the same is hereby declared to be unconstitutional and void for being in contravention of articles 190 and 191 of the Constitution,” the court held.
However, speaking on UTV’s ‘Adekye Nsroma’ political panel discussion show on the said topic, Hon. Acheampong asserted an immediate amendment of the 1992 constitution is very much needed comparing it with the number of years we have been practicing democracy as a country.
Yet, he blamed politicians as the cause behind the amendment of the 1992 constitution.
“ . . It is we the politicians who have deliberately neglected the amendments of the constitution due to our personal reasons, and our awkward style of governance which depicts the winner takes it all,” he affirmed.