Renowned legal practitioner, Samson Lardy Anyenini, has underscored the critical need for constitutional consistency in addressing politically motivated dismissals.
His comments come amid an appeal by Dr Mahamudu Bawumia, the New Patriotic Party’s 2024 (NPP) flagbearer, to President John Dramani Mahama to intervene and ensure that due process is followed.
His call for a national dialogue on the issue highlights a growing concern over how successive governments handle civil service appointments, with many viewing the trend as a partisan purge rather than an objective governance decision.
‘Dr. Mahamudu Bawumia makes an ‘APPEAL’ to President John Mahama that God and Country-loving citizens must add their voices. He, like JM, appears to me to carry a similar demeanour – naturally measured in their approach to life.
Interesting how the Minority Leader’s 3-page statement on the same subject, especially of mass dismissals of late recruitments, relies on an interesting Supreme Court judgment to persuade”.
Samson Lardy Anyenini, legal practitioner
The case, according to Anyenini, will likely rely heavily on the Supreme Court’s precedent set in the Domelevo case, which was mounted by a coalition led by the Centre for Democratic Development (CDD-Ghana) against the immediate past Akufo-Addo administration’s decision to remove the Auditor-General in a manner widely considered unconstitutional.
In analyzing the situation, Anyenini recalled how the NPP, under President Akufo-Addo, vigorously defended Domelevo’s removal and subjected critics to harsh rhetoric for merely pointing out what was perceived as blatant legal and governance infractions.
The Supreme Court ultimately ruled that Domelevo’s forced retirement was unconstitutional, raising concerns about the lack of protection for public service officials from political interference.
Historical Context and the Role of Legal Precedents
The Domelevo ruling remains a landmark judgment, establishing that politically motivated dismissals violate the constitutional independence of public service officers.
Legal experts argue that the current dismissals may face similar scrutiny, as the courts will have to consider whether due process was followed in terminating the late recruits.
Another relevant legal precedent that could shape the outcome of the case according Anyenini is Theophilus Donkor’s case, which was handled by Edudzi Tamekloe, a lawyer with a history of challenging arbitrary dismissals.
Anyenini pointed out that Ghana has a history of dismissals under both NPP and NDC regimes, further emphasizing that the nation can and must do better in upholding legal and ethical standards in public service administration.
“I have been a lawyer for recruits dismissed by the NPP regime and recruits dismissed by the NDC regime. Ghana can do better. Let’s unite in consistently and constantly upholding right and truth for God and Country.”
Samson Lardy Anyenini, legal practitioner a
Franklin Cudjoe’s Perspective on NPP’s Handling of the Crisis
Adding his voice to the discussion, Franklin Cudjoe, Founding President of IMANI Centre for Policy and Education, urged the NPP’s leadership to be measured in their response to the controversy.
He stressed that while political parties should have the freedom to address governance issues, they must also acknowledge their past shortcomings.
Mr Cudjoe stated that the NPP should not remain silent but should adopt a reflective stance when responding to criticism:
“They must speak up and not be shut up, but when they do, they should quickly add, ‘We were far worse and we could have done better when we had power, but let us make progress going forward.’”
Franklin Cudjoe, Founding President of IMANI Centre for Policy and Education
His statement underscores a broader concern about political hypocrisy, where ruling parties often criticize actions they engaged in while in opposition.
Many observers argue that the NPP, having defended Domelevo’s removal, now finds itself in a contradictory position in attempting to challenge dismissals carried out under a different administration.
Legal analysts have suggested that Parliament should introduce legislation that regulates the last-minute recruitment and appointment of public or civil servants, ensuring that recruitments and dismissals are governed strictly by merit and due process rather than political convenience.
This, they argue, would prevent future administrations from engaging in similar mass terminations that undermine governance stability.
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