Supreme Court grants permission for NPP’s Nana Boakye to amend writ

The Supreme Court has granted permission for the lawyers of the National Organiser of the opposition New Patriotic Party (NPP), Henry Nana Boakye, to amend the writ of summons and statement of case in a writ challenging the Chief of Staff’s authority to annul all public service appointments made after December 7, 2024.

A five-member panel, led by Justice Paul Baffoe-Bonnie, granted the request following a motion from the plaintiff’s legal team. The state attorney did not oppose this motion.

The panel included Justices Avril Lovelace-Johnson, Issifu Omoro Tanko Amadu, Henry Anthony Kwofie, and Richard Adjei-Frimpong.

The court has given the plaintiff 14 days to make the necessary amendments.

Background

On February 10 this year, the Chief of Staff wrote to the heads of government institutions to annul public sector appointments made after December 7.

Nana Boakye filed the writ challenging the constitutionality of the action by the Chief of Staff.

He argued that the directive was unconstitutional and exceeded the authority of the Chief of Staff.

Mr Boakye contended that the directive violates Article 191(b) of the 1992 Constitution, which protects public service employees from dismissal without just cause.

He maintained that neither the Chief of Staff nor the President had the power to arbitrarily revoke legally sanctioned appointments.

Reliefs

Where the court finds that the Chief of Staff has the authority to give such a direction, he wants the court to declare that the directive from the Office of the President dated February 10, 2025, and signed by the Chief of Staff to heads of government institutions to annul all appointments and recruitments made in the Public Services of Ghana after December 7, 2024, is in contravention of Article 191 (b) of the 1992 Constitution as same is without just cause and thus unconstitutional.

As part of his relief, Mr Boakye is asking the Supreme Court to declare the directive null and void, prevent government institutions from enforcing it, and affirm that the President is bound to uphold constitutional protections for public sector employees.

“A declaration that on a true and proper interpretation of Article 58(2) of the 1992 Constitution of Ghana, the President of the Republic of Ghana is under an obligation to execute and maintain Article 191 (b) of the 1992 Constitution and the Public Services Commission Act, 1994 (Act 4).

“A declaration that the President of the Republic of Ghana has breached Articles 58 (2) and 191(b) of the 1992 Constitution of Ghana because of the aforementioned directive,” he stated.