H.E. John Dramani Mahama
President of the Republic of Ghana
Jubilee House
Accra
Your Excellency,
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Re: Revocation of Appointments and Recruitments Made After 7th December 2024
I extend my warmest regards to you. In the spirit of our shared commitment to the progress of Ghana, and with the utmost respect for your esteemed office, I write to express deep concerns regarding the recent revocation of appointments of public servants across key institutions in the country, following directives issued by the Chief of Staff, in a letter dated 10th February 2025, with reference SCR/DA85/85/01/A.
Your Excellency, the 1992 Constitution of Ghana is unambiguous in its protection of public sector workers. Article 191 guarantees job security for public servants, ensuring that no individual is dismissed arbitrarily. Article 296 demands that discretionary powers be exercised fairly, while Article 23 upholds the principle that administrative decisions must be just, reasonable, and devoid of capriciousness. The Labour Act, 2003 (Act 651), alongside the Public Services Commission Act, 1994, further reinforces these safeguards by mandating due process in employment matters. These mass dismissals, conducted without individualised assessments or adherence to legal protocols, appear to contravene these foundational legal principles and erode public trust and confidence in our state institutions.
It is also important to recognise that recruitment into public service is a structured process rather than a single event. As such, dismissing individuals solely based on their appointment dates disregards the procedural integrity of recruitment. In many cases, those who received their appointments after 7th December 2024 had already begun the recruitment process well in advance—some as early as June 2024. They went through rigorous procedures, including aptitude tests, medical examinations, and other institutional requirements. Having successfully completed these steps and met all necessary criteria, they were rightfully given appointments. It is, therefore, unfair and unjust to dismiss individuals solely based on their appointment dates, disregarding the merit-based processes they underwent.
Moreover, Your Excellency, this development stands in stark contrast to the vision you passionately articulated during your inauguration on 7th January 2025. You pledged to lead a Ghana that prioritises inclusivity, national unity, and economic empowerment. Your flagship policy of a 24-hour economy was widely endorsed as a beacon of hope for young people seeking employment and economic security. It is, therefore, deeply disappointing that, rather than expanding job opportunities, your administration is now overseeing a wave of terminations, displacing hardworking Ghanaians from their existing livelihoods. This not only contradicts your government’s stated economic goals but also risks deepening public mistrust in the administration’s commitment to job creation.
Your Excellency, history reminds us of your principled stance on this very issue. In May 2017, you condemned similar dismissals by the previous administration, stating: “These workers are all citizens and like all Ghanaians have rights, which must be protected.” These words resonated with many Ghanaians at the time, as they reflected a commitment to justice and the rule of law. Today, however, we find ourselves witnessing actions that mirror the very practices you once denounced. I urge you to remain consistent with your own convictions and act decisively to rectify this situation.
Additionally, Your Excellency, I respectfully draw your attention to the Supreme Court‘s landmark decision in Ghana Centre for Democratic Development & Ors. v Attorney General (TLP-SC-2023-140), delivered by Justice Amegatcher, J.S.C., where the Court reaffirmed that the politically motivated removal of public servants violates constitutional principles. This judgment emphasised that such dismissals undermine due process and the constitutional rights of public servants. The current wave of terminations embodies the same unconstitutional overreach that the Court sought to correct.
Your Excellency, in light of the foregoing, I respectfully urge you to consider the following to uphold constitutional principles and fairness:
- Withdrawal of the chief of staff’s directive
Issue an immediate directive to withdraw the Chief of Staff’s instructions that have led to the mass dismissals. This will demonstrate your commitment to upholding the rule of law and the constitutional rights of all citizens. - Recall of affected employees
Direct the immediate reinstatement of all affected employees to their respective positions, ensuring that the harm done to them and their families is corrected without delay. This will restore confidence in the public service and reaffirm your administration’s commitment to justice and fairness. - Monitoring and compliance by the minister for labour, jobs, and employment
Task the Minister for Labour, Jobs, and Employment with monitoring compliance by all public institutions with the directive to reinstate affected employees. The minister should also provide a comprehensive report to Your Excellency and Parliament within 30 days, detailing the steps taken to rectify the situation and prevent future occurrences.
Your administration’s commitment to the principles of good governance, inclusivity, and the rule of law will serve as a testament to your leadership and your unwavering dedication to the welfare of all Ghanaians.
Your Excellency, while affected individuals may seek legal recourse through Articles 2(1) and 130 of the Constitution, I firmly believe that your prompt intervention can preempt the need for protracted litigation. By taking immediate corrective action, you can undo what is clearly a constitutional breach and spare the victims and their families the trauma of prolonged legal battles to vindicate their right to work and to be shielded from discrimination. Demonstrating statesmanship in this moment by addressing these concerns proactively will not only correct a constitutional wrong but also reaffirm your commitment to justice, fairness, and the rule of law.
In the spirit of constructive dialogue and national unity, I stand ready to collaborate with your administration in addressing these concerns and advancing the shared aspirations of our people. That said, as the custodian of the Minority’s mandate, I must also affirm that there will be times when my side will vigorously defend the national interest against any governmental actions deemed injurious to the welfare of our citizens or the principles of good governance.
I trust, Your Excellency, that you will accord this letter the thoughtful consideration it merits and take the necessary steps to align governmental actions with the principles enshrined in our Constitution and the promises you have made to the people of Ghana.
Please accept, Your Excellency, the assurances of my highest consideration.
Yours faithfully,
Signed
Hon. Alexander Kwamena Afenyo-Markin
