2017
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Justice S. A. B. Akuffo (JSC), resolved a constitutional challenge by CLOGSAG to civil service and local government codes that restrict civil servants’ political activity. After the Head of Civil Service reminded departments that staff are barred from overt party engagement and Alexander Hedidor was interdicted for filing to contest NDC parliamentary primaries, CLOGSAG sought wide declarations affirming rights to join parties, manifest affiliation, hold party office, and contest local elections while remaining in service. The Court held that while civil and local government employees may join political parties and may contest local government elections, constitutional limitations grounded in neutrality, anonymity, permanence and public interest justify barring overt political activity and holding party office while in service. Employees must resign upon party nomination for Parliament or once activities become overt, and cannot remain in service after being sworn as District Assembly members. Codes barring candidacy are unconstitutional, but codes barring simultaneous service and assembly membership are valid.
AKUFFO (MS), JSC:-
Brief Facts
The Plaintiff is the Civil and Local Government Staff Association of Ghana (CLOGSAG) which is a registered Trade Union and mouthpiece of workers in the Civil and Local Government Services. The Attorney General is the Principal legal advisor to the Government and the pro-forma Defendant for all civil proceedings instituted against the State. The second and third Defendants are the bodies regulating the activities of Civil Servants and Local Government Servants respectively and are not necessary parties in this matter since their interest in this matter is not in conflict with that of the Attorney General.
By a letter dated 19th October, 2015, from the Head of Civil Service and addressed to “All Chief Directors” and “All Heads of Departments”, the addressees were requested to remind ‘all staff members’ that persons holding civil service positions are barred from participating in political activities including the following:
a) Attending political rallies
b) Wearing party paraphernalia
c) Subjecting one’s self for party vetting
d) Holding party membership card and
e) Standing for party primaries etc.
The said letter made reference to the provisions of the Civil Service Code of Conduct (issued on 1st November, 1999), section 12(1) (b), (c) and (e) of which read as follows:
“12. (1) The Constitution of Ghana confers rights on all citizens of Ghana, including Civil Servants to join any political party or association of their choice. However, by virtue of the traditional role of the Civil Service to serve the Government of the day loyally, and to maintain the confidence of any future Administration, a Civil Servant may not:
a) Accept any office paid or unpaid, permanent or temporary, in any political party or organisation;
b) Declare himself openly as a registered member of a political party or association;
c) Indicate publicly his support for any party, candidate or policy
d) Make speeches or join in demonstrations in favour of any political person, party, or propaganda
e) Engage in activities which are likely to involve him in political controversy.
(2) Notwithstanding, a Civil Servant is entitled to his views in political matters, and if so qualified, may vote at elections.”
The letter also advised that any Civil Servant who wished to participate in any political activity should resign from the service and warned to deal with anyone who flouted the directive.
Furthermore, the Code of Conduct for Staff of Local G