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Ghana : New presidents can’t sack CEOs – NDC backs Supreme Court decision

Ghana

The opposition NDC has backed the Supreme Court ruling striking out some provisions of the Presidential (Transition) Act 2012 (Act 845).

Section 14 of the Act terminates the appointment of the Chief Executive Officers (CEOs) of Public Corporations upon assumption of office by a new president.

In January 2017 however, a lawyer, Theophilus Donkor, invoked the original jurisdiction of the apex court to interpret provisions of the 1992 Constitution in relation to the matter.

The Supreme Court in its ruling described the provisions of the Presidential Transition, 2012 as unconstitutional and void. 

“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.

A statement from the opposition party has asked former CEOs and Directors-General affected by the repealed Act to “take appropriate steps to vindicate their rights in the appropriate fora.”

The National Democratic Congress welcomes the decision in a recent case in the Supreme Court in which the court held unanimously that it is unconstitutional and therefore null and void, for the government of President Akufo-Addo to remove from office, all chief executive officers and director-generals of public corporations appointed by previous administrations.

In so doing, the Court has clarified the constitutional position vis-a-vis the provisions of the Presidential Transition Act.

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