Demeaning democracy

In the days of the Progress Party government, Dr Kofi Abrefa Busia courted controversy when he dismissed a large number of public servants because of change of regime.

However, the court held that the dismissals were unlawful and reversed it.

This compelled the Prime Minister to state a legal maxim that no one can compel an employer to work with an employee he does not want to work with.

That became a blot in the history of our constitutional democracy.  

Flt Lt Jerry John Rawlings purportedly dismissed a number of security personnel on the coming into force of the 1992 Constitution when they had not attained the statutory retirement age of 60 years.

Here again the victims sought legal redress and the court upheld the claim of the victims. In both cases due process and the rule of law triumphed.

They gave meaning to the fact that ours is a constitutional democracy anchored on the sovereignty of the people, rather than any of the three arms of government.

During the campaign in the last general election, President John Dramani Mahama repeatedly gave an assurance, particularly to recruits in the security services, that it was not true that if the National Democratic Congress won the elections, they would be dismissed.

There were even allegations that the training programmes had been curtailed to enable them to enter the service before the change-over of government.

In the face of the widespread violence that followed the declaration of the results after  the elections many well-meaning Ghanaians, including President Mahama, justifiably held former President Nana Addo Dankwa Akufo-Addo responsible for the maintenance of law and order. 

Legitimate govt

Between December 7, 2024 and January 7, 2025, there was a legitimate government. Ghana was not a banana republic, splintered and ungovernable.

Thus every action taken by the then government, even if they appeared unethical, were never unlawful or illegitimate. More important,  after the December 7, 2016 elections, President Mahama made a number of key appointments into the public services of the country, including the Commissioner of CHRAG and the Auditor General.

It is thus difficult to understand why Ghanaians, legitimately employed into the public services of the country  after the December 7, 2024 elections, should be dismissed merely because a new government has been installed.

There are many senior public servants  who went  through interviews organised by the Public Services Commission before they were  appointed by the President of the Republic or any such person or  body authorised to do so for the state.

Under the 1992 Constitution, Article 290(1) lists the public services of Ghana as including, the Civil Service, Judicial Service, Audit Service, Education Service, Prisons Service, Parliamentary Service, Health Service, Statistical Service, National Fire Service, Customs, Excise and Preventive Service, Internal Revenue Service, Police Service, Immigration Service, and the Legal Service.

Others are public corporations other than those set up as commercial ventures, public services established by the 1992 Constitution and such other public services as Parliament may by law prescribe.

Further, Article 191 provides that "A member of the public services, shall not be a) victimised or discriminated against for having discharged his duties faithfully in accordance with this Constitution or b) dismissed or removed from office or reduced in rank or otherwise punished without just cause".

The independence of the Public Services Commission is guaranteed under Article 198 stating thus, "Except as otherwise provided in this Constitution or any other law not inconsistent with this Constitution, the Public Services Commission shall not be subject to the control or direction of any person or authority in the performance of its functions".

Indeed Article 107(b) provides that "Parliament shall have no power to pass any law which operates retrospectively to impose any limitations on or to adversely affect the personal rights and liberties of any person or to impose a burden, obligation or liability on any person except in the case of law enacted under Articles 178 to 182 of this Constitution.

Those articles deal with matters of finance and the  Consolidated Fund

Own enemies

In accordance with the 1992 Constitution,  Article 66(1) provides that, "A person elected as President shall, subject to clause (3) of this article, hold office for a term of four years beginning from the date on which he is sworn in as President”.

Clause (3) states that "The office of the President shall become vacant a) on the expiration of the period specified in Clause (1) of this article or b) if the incumbent dies or resigns from office or ceases to hold office under Article 69 of this Constitution”. Article 69 deals with processes for the removal of the President from office.

For as long as any of the affected people went through legitimate and regular processes of recruitment, the mere fact that they were appointed after an election is not sufficient reason why they should suffer any illegitimate and unlawful dismissal.

There is no provision in the 1982 Constitution which allows the President to unilaterally dismiss a public worker without a justified reason.

The period of appointment cannot and should not be a basis for such unlawful acts since they demean democracy and constitutionalism.

The Presidential Transition law  makes provisions for public officials who must come and go with Presidents.

Politicians are their own worst enemies. They encumber themselves and when they become enmeshed and the public run commentary on them, they turn round to accuse the public of making it unattractive for well-meaning individuals to offer themselves to serve the state. 

Accusations

Shakespeare has a way of looking at the contradictions of mortal human beings where sometimes we blame some supernatural powers for the things that we do wrong and  which do not resonate with others.

Whenever that happens we accuse the devil instead of accepting our responsibility.

As someone has noted, " A free man when he fails should blame no one".

In reference to King Lear and how he gave support to his two wicked daughters and disowned his third daughter and bastard son, Shakespeare puts the contradictions this way,  first by holding him liable stating,  "The gods are just and of our evil deeds, make instruments to plague us" but quickly he pushed back  the blame to some evil powers saying, "As flies to wanton boys are we to the gods, they kill us for their sport".

As to whether governments must take responsibility for their decisions or that the gods must be blamed, we must understand that the 1992 Constitution clearly points out the fact that, "The sovereignty of Ghana resides in the people of Ghana in whose name and for whose welfare the powers of government are to be exercised in the manner and within the limits laid down in this Constitution.

The Constitution directs under Article 2(1) that any Ghanaian whose fundamental rights are trampled upon in contravention of any provision in the Constitution, can bring a cause of action at  the Supreme Court for a declaration that such acts are unconstitutional and unlawful so that they are of no effect.