The Director of Legal Education at the Ghana School of Law, Yaw Oppong, has commended the recent lawsuit filed against the powers of the President of the Republic of Ghana regarding appointments and dismissals of certain officeholders.
He views the lawsuit as a positive step towards upholding the rule of law and rejecting the use of brute force in governance.
In an interview with Beatrice Adu on 3FM’s mid-day news, Yaw Oppong emphasized that the lawsuit demonstrates Ghanaians’ trust and confidence in the judiciary to uphold justice, regardless of the parties involved. He stated that the rule of law, as enshrined in the constitution, is essential for civilized living and that brute force is not a viable alternative.
The lawsuit, filed by the IMANI Centre for Policy and Education and Prof. Kwesi Aning, challenges the President’s authority to terminate appointments or remove certain officeholders without proven misconduct or incapacity.
The plaintiffs argue that the Constitution does not grant the President such powers, except under specific circumstances such as misconduct, incapacity, retirement, resignation, or death of the officeholder.
Furthermore, the lawsuit contends that the President lacks the authority to make new appointments to these offices upon assuming office, unless the previous officeholders are unavailable due to retirement, incapacity, resignation, or death.
The plaintiffs seek declarations from the Supreme Court regarding the President’s powers concerning appointments and dismissals of officeholders, aiming to ensure adherence to constitutional provisions and prevent arbitrary exercise of executive authority.
Overall, the lawsuit represents a significant effort to uphold the rule of law and constitutional governance in Ghana, emphasizing the importance of legal mechanisms in addressing governance issues and protecting citizens’ rights.