Your Excellency,
I write to you with deep concern regarding recent directives affecting public sector employees—actions that, if not reconsidered, could set a troubling precedent for governance, institutional stability, and the professional integrity of Ghana’s public service.
Your Excellency, two recent directives have raised significant concern among public servants and the wider public. The first, issued by your office, mandates the dismissal of a director at the National Pensions Regulatory Authority (NPRA). The second, released by Ghana Water Ltd, indefinitely suspends newly recruited employees. Additionally, a broader directive signed by your chief of staff, Hon. Julius Debrah, instructs the revocation of all appointments and recruitments made after 7 December 2024 across state institutions.
This sweeping instruction raises serious concerns about due process, fairness, and the rule of law. While the government has the authority to manage public service appointments in accordance with its administrative vision, such decisions must be guided by merit, legal principles, and institutional continuity. Ghana’s public service must remain professional and independent, ensuring that governance transitions do not disrupt national development or erode confidence in our institutions.
Legal and constitutional concerns
Your Excellency, these directives raise serious legal and constitutional concerns as they appear to contravene several key provisions designed to protect public servants from undue political interference:
- Article 191 of the 1992 Constitution – Protects public officers from arbitrary dismissal and guarantees job security.
- Article 296 – Prevents the abuse of discretionary power, mandating that it be exercised fairly and without arbitrariness.
- Labour Act, 2003 (Act 651), sections 62 and 63 – Prohibits wrongful termination of employment and mandates justifiable grounds for dismissal.
- Public Services Commission Act, 1994 (Act 482) – Ensures that appointments, promotions, and dismissals in the public sector are based on merit and due process rather than political considerations.
Beyond these statutory provisions, case law also provides essential guidance. In Sallah v. Attorney-General [1970] GLR 55, the Supreme Court ruled that a change in government does not justify the unlawful dismissal of public officers. The judgment reaffirmed that terminations must follow due legal process rather than political convenience.
The directive signed by Hon. Julius Debrah contradicts these legal principles by instructing the mass termination of public sector employees based solely on the timing of their appointment rather than their qualifications, competence, or job performance. This sets a dangerous precedent that, if left unchecked, could undermine the stability of Ghana’s public institutions and create unnecessary anxiety among hardworking professionals.
A call for review and engagement
Your Excellency, in the spirit of strengthening Ghana’s democracy and ensuring a smooth and fair transition, I urge your administration to embrace a more balanced and consultative approach to public sector employment. I therefore propose the following actions:
- The directive should be reviewed to ensure that terminations and suspensions are based on performance, institutional needs, and due process rather than arbitrary political decisions.
- A consultative dialogue involving the executive, the Public Services Commission, and Parliament aimed at developing employment policies that uphold institutional integrity while allowing the government to make strategic appointments when necessary.
- Strengthen institutional safeguards to prevent politically motivated dismissals and ensure that Ghana’s public service remains professional, non-partisan, and independent.
Conclusion
Your Excellency, Ghana’s democracy has evolved, and with it, the expectations for governance have also risen. If we are truly resetting governance, our public service must be shielded from political interference to ensure stability, professionalism, and continuity.
I urge your administration to reconsider these decisions for fairness, national cohesion, and the rule of law. The credibility of our democracy depends on the strength of our institutions, not on short-term political considerations.
Yours sincerely,
Davis Ansah Opoku
Member of Parliament for Mpraeso
