THEOPHILUS DONKOR v. THE ATTORNEY GENERAL

The Supreme Court of Ghana, per Kotey, JSC, resolved a constitutional challenge to the Presidential (Transition) Act, 2012 (Act 845), focusing on whether members of governing boards of public corporations and executive heads can be removed automatically upon a presidential transition. Applying a purposive interpretive method and surveying constitutional provisions (Articles 70, 190, 191, 195, 297) and constitutive statutes for bodies such as the University of Ghana, National Petroleum Authority, Forestry Commission, Securities and Exchange Commission, and National Pensions Regulatory Authority, the Court held that members appointed under Article 70(1)(d)(iii) to governing bodies are not members of the public services and may be removed at will by the President. Conversely, permanent staff and executive heads appointed under Article 195 are public officers protected by Article 191(b) and removable only per their appointment terms or for just cause. Section 14 of Act 845 is to be read restrictively: it does not dissolve boards, applies only to presidential/ministerial appointees, and is unconstitutional insofar as it purports to oust executive heads upon transition. State companies and constitutional governing bodies fall outside its reach. All other Justices concurred in Kotey, JSC’s reasoning and conclusions.