Ghanaians React As President Mahama Is Sued At The Supreme Court

 

A constitutional challenge has been filed at Ghana’s Supreme Court against President John Dramani Mahama, targeting one of his recent appointments to the Police Council.

The legal action, which has generated widespread public interest, was disclosed by Deputy Attorney General and Minister for Justice, Justice Srem Sai, in a detailed social media post.

At issue is President Mahama’s appointment of a retired Commissioner of Police (COP) to the Police Council, a move that plaintiffs argue does not meet the constitutional criteria.

According to Article 201 of the 1992 Constitution, the Police Council must include a representative from the “Retired Senior Police Officers Association.” However, this association no longer exists. Instead, Ghana now has a different body known as the “National Association of Retired Police Officers,” which varies in both name and structure.

Justice Srem Sai explained that when the Constitution was written, the “Retired Senior Police Officers Association” was active.

However, its absence today has raised questions about how that constitutional provision should be applied.

He noted that President Mahama’s appointment of a retired COP in 2025 was made in light of this vacuum.

“In the absence of the ‘Retired Senior Police Officers Association,’ the President appointed a retired COP to the Police Council,” Srem Sai stated. “A retired COP is, without doubt, a retired senior police officer, but the constitutional requirement refers to representation from a specific association.”

Those behind the lawsuit are asking the court to direct the President to withdraw the appointment and replace the retired COP with a retired Assistant Commissioner of Police (ACP) who is a registered member of the current National Association of Retired Police Officers.

The petitioners argue that such a candidate would better reflect the constitutional intent.

Justice Srem Sai acknowledged the legal grey area, noting that the case seeks to resolve how the Constitution should be interpreted when the specified association no longer exists.

He emphasized that while the President’s appointee qualifies by rank, the real issue is whether the legal basis for the appointment remains valid.

This legal challenge comes amid a separate case before the Supreme Court involving the Ghana Bar Association (GBA). Member of Parliament Rockson-Nelson Dafeamekpor and two others have filed a suit challenging the GBA’s exclusive recognition as the

representative body for legal practitioners in Ghana. The suit argues that the GBA, being a voluntary private association, should not be the sole entity referenced in legal and constitutional matters.

That case seeks a reinterpretation of mentions of the “Ghana Bar Association” in legal texts, proposing that such references be treated as generic rather than tied exclusively to the existing GBA.

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