He wants an order of “perpetual injunction restraining any person or authority from removing from office such members of the governing boards of public corporations, merely on account of the assumption of office of the person elected as President of the Republic of Ghana.”

He also wants a further declaration that such removal of members of governing boards does not amount to a just cause and is accordingly unconstitutional. Mr Donkor is seeking a declaration that upon a true and proper interpretation of the provisions of the Constitution, particularly Articles 70 (1) (iii), 190 (1)(b) and 191 thereof, “Members of the governing boards of public corporations (hereafter “members of governing boards”) appointed pursuant to Article 70(1)(iii) of the 1992 Constitution are members of the Public Services of Ghana and accordingly cannot be removed from office or cease to hold office except for just cause.”

A declaration that section 14 of the Presidential (Transition) Act 2012 (Act 845) is inconsistent with the letter and spirit of the 1992 Constitution, particularly Articles 70(1)(iii), 190 and/or 191(b) of the Constitution to the extent that it requires all members of governing boards appointed by the President to cease to hold office merely on account of the assumption of office of the person elected as President of the Republic.

The suit

The writ, filed on behalf of the plaintiff by Dr Abdul Baasit Aziz Bamba, is invoking the original jurisdiction of the Supreme Court. The defendant is the Attorney-General.

The statement of case accompanying the writ stated that in 2012, Parliament passed the Presidential (Transition) Act 2012 (Act 845) which had Section 14 (1) stipulating as follows: “On the assumption of office of the person elected as President, a person holding any of the offices specified in the Schedule shall cease to hold that office, and shall be paid the relevant retirement benefits and the enjoyment of facilities as provided by law.

(2) The functions of office of a person who ceases to hold office under sub-section (1) shall be performed by a person so appointed by the President for the period specified in writing by the President.

(3) A public officer, whose office is not specified in the Schedule, continues to hold office on the assumption of office by the person elected as President, subject to the provisions of the Constitution and of the relevant law applicable to that public officer.

” The statement of case noted that Act 845 did not provide any definitions for “statutory boards” and “statutory corporations” but argued that section 46 of Interpretation Act 2009 (Act 792) states that "public corporation" includes a statutory corporation other than one set up as a commercial venture, a corporation and any other body of persons established by or under an Act of Parliament or set up out of funds provided by Parliament or by any other public fund. "Statutory corporation" means a corporation established by or under an Act of Parliament.”

Public corporations are statutory corporations

“The Plaintiff will contend that by definition, public corporations are statutory corporations and members of public corporations like other members of the Public Services of Ghana enjoy constitutional protections, including security of tenure carefully and thoughtfully designed by the framers of the third and fourth Republican Constitutions.

The plaintiff is, therefore, submitting that section 14 of Act 845 seeks to affect the offices of persons appointed to the governing boards of public corporations of Ghana and do not serve at the pleasure of the President and is therefore inconsistent with provisions of the Constitution.