A political and legal storm is brewing following the recent revocation of public sector appointments made after December 7, 2024. The directive, issued by the Chief of Staff on February 10, 2025, has drawn sharp criticism from the Minority in Parliament, with Minority Leader Osahen Alexander Kwamena Afenyo-Markin leading the charge against what he calls an unconstitutional decision.
In a letter addressed to President John Dramani Mahama, Afenyo-Markin expressed deep concerns about the dismissals, citing violations of Ghana’s 1992 Constitution. He referenced Articles 191, 296, and 23, which protect public servants from arbitrary dismissal, demand fairness in the exercise of discretionary power, and uphold just and reasonable administrative decisions. He further argued that the Labour Act of 2003 and the Public Services Commission Act of 1994 require due process in employment matters, which, he claims, was ignored in this wave of terminations.
Questioning the Legality of the Mass Dismissals
The Minority Leader contended that recruitment into the public service is a structured, merit-based process that takes months, sometimes beginning long before an official appointment date. He noted that many affected individuals had undergone rigorous hiring procedures, including aptitude tests and medical examinations, well before the December 7, 2024, cut-off date. Dismissing them based solely on their appointment dates, he argued, undermines the integrity of public sector recruitment.
He also pointed out that the decision contradicts President Mahama’s own promises of national unity, inclusivity, and economic empowerment, particularly his flagship 24-hour economy policy. Instead of expanding job opportunities, he noted, the administration appears to be eliminating them, displacing hardworking Ghanaians and further deepening public mistrust.
A Call for Reversal and Compliance with the Law
Afenyo-Markin urged President Mahama to immediately withdraw the Chief of Staff’s directive and reinstate the affected workers. He also called for the Minister for Labour, Jobs, and Employment to oversee compliance and report back to Parliament within 30 days.
The Minority Leader cited a recent Supreme Court ruling, Ghana Centre for Democratic Development & Ors. v Attorney General (TLP-SC-2023-140), in which Justice Amegatcher reaffirmed that politically motivated removals of public servants violate constitutional principles. He argued that the President’s decision mirrors past dismissals Mahama himself condemned in 2017.
Potential Legal Showdown
While Afenyo-Markin emphasized the importance of resolving the matter through dialogue, he hinted at possible legal action if the government does not reverse course. He referenced Articles 2(1) and 130 of the Constitution, which allow affected individuals to challenge unconstitutional government actions in court.
“If the government does not act, the affected individuals may seek legal recourse, but I believe your prompt intervention can pre-empt the need for protracted litigation,” he wrote.
Political Ramifications
The revocations have sparked nationwide debate, with political analysts warning of potential backlash. Public sector unions and civil society organizations are also expected to weigh in on the matter, as concerns over job security and governance principles grow.
As tensions rise, all eyes are on President Mahama’s next move—whether he will uphold the directive or reconsider in light of constitutional concerns and mounting political pressure.
