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Not a fresh case, not a political attack – IMANI over Dampare’s removal

Story Highlights
  • President Mahama dismisses IGP Dr. Dampare
  • IMANI challenges the dismissal in court
  • IMANI seeks limits on presidential power over security heads

In a move that has ignited intense debate, President Mahama has relieved Dr. George Akuffo Dampare of his role as the Inspector General of Police (IGP).

While the President may have the legal right to make such a decision, Franklin Cudjoe, the founder and president of IMANI Africa, has emphasized that this development highlights an ongoing legal issue regarding the extent of presidential authority over the heads of security agencies.

Cudjoe took the opportunity to clarify the nature of IMANI’s legal action.

“Our lawyers filed an injunction this morning as part of a suit IMANI and Professor Kwesi Aning initiated in March 2024, nine months before the December elections,” he explained in an article.

He rejected claims that the injunction was a tactic to undermine the newly elected President John Mahama.

“This is not an attempt to derail John Mahama in any way,” he affirmed, explaining that the injunction was triggered by widespread reports of Dampare’s removal.

According to Cudjoe, the legal action seeks to establish constitutional limits on presidential power over security agency heads.

He outlined the main argument: “We are requesting the Supreme Court to declare that under the true interpretation 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 has no authority to terminate or remove heads of security agencies except in cases of proven misconduct or misbehavior.”

These agencies include the Police Service, Fire Service, Prisons Service, and Immigration Service.

The central point of IMANI’s argument is that the heads of these institutions should not be dismissed arbitrarily, but only under specific constitutional conditions.

Cudjoe pointed to past instances where security agency heads were dismissed before reaching the statutory retirement age.

“For example, in 2017, Emmanuel Yao Adzator, the Director-General of the Prisons Service, was placed on leave at the age of 54, and a replacement was subsequently appointed,” he noted.

He drew a direct comparison to Dr. Dampare’s situation.

“Dr. Dampare, aged 54, the former IGP, has been removed by the new president without any constitutional grounds being cited for his removal,” Cudjoe stated, raising concerns about the arbitrary exercise of presidential power.

IMANI’s challenge goes beyond Dampare’s removal; they seek a landmark ruling to prevent future presidents from unilaterally replacing security service heads.

“We are requesting the Court to issue an order preventing the President from dismissing or attempting to dismiss individuals holding positions such as the Chief Fire Officer, IGP, Director-General of the Prisons Service, and Comptroller-General of the Immigration Service, except in cases of proven misconduct or misbehavior,” he explained.

Cudjoe further emphasized that removals should only occur in circumstances such as retirement, resignation, death, or incapacity to perform due to physical or mental infirmity.

The Supreme Court is scheduled to deliver its ruling on May 7, 2025. Until then, the debate continues over the limits of executive power and the constitutional safeguards for heads of Ghana’s security agencies.

“Let’s wait for the Supreme Court’s ruling,” Cudjoe concluded, leaving the final decision in the hands of Ghana’s highest court.

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