Forty former workers in various public entities, who were recently sacked, have sued the government, seeking to be reinstated.
In an application for judicial review filed at the Accra High Court, the former workers contended that they were validly employed in the public sector in accordance with the law after going through due recruitment processes.
They have therefore described their dismissals as unlawful, null and void and are seeking an order from the court quashing their dismissals.
The applicants were former staff of institutions such as the Ghana Revenue Authority (GRA), the Ghana Shippers Authority (GSA), the Ghana Ports and Habours Authority (GPHA), the National Lottery Authority (NLA), Driver and Vehicle Licensing Authority (DVLA), and the National Health Insurance Authority (NHIA).
Case of applicants
The 40 former workers averred that their appointment letters were dated between October 2024 and January 5, 2025.
It is their contention that there is no law disallowing recruitment into the public service before the expiration of the term of a government.
“The term of the Akufo-Addo-led government in which we were employed was
valid under Article 58 of the Constitution and thus, our appointment was in due exercise of the powers of the President conferred by the Constitution of Ghana.
“No rule of law or procedure mandates the removal of public servants simply on the holding of an election or on the election of a new political party on December 7 of a particular year to assume the reins of executive power in Ghana after the January 7 of the following,” they stated in their statement of case,” they argued.
They, therefore, submitted that the letter, by their dismissals by the President through the Chief of Staff at the Presidency, was a violation of Articles 23 and 296 of the 1992 Constitution.
They further described their dismissal as an attempt “to politicise the public services of Ghana, an act prohibited by Article 191(a) of the Constitution.”
Reliefs
The applicants are seeking a declaration from the court that their dismissal is in contravention of the Constitution and therefore unlawful, null and void.
They also want an order of certiorari quashing their dismissals on the basis that they were done without a basis, were unlawful and a violation of due process.
The applicants further want an order of mandamus compelling the public institutions where they were previously employed to reinstate them, and an order prohibiting the government from dismissing them.
