Power of the president to appoint an IGP per the 1992 Constitution of Ghana

By: Nii Ammui Fio | 2 mins read

The authority of the President to appoint and remove the Inspector-General of Police (IGP) has become a subject of intense debate following the dismissal of Dr. George Akuffo Dampare. This constitutional issue has sparked legal action and public discourse on the extent of executive powers in security service appointments.

On March 13, policy think tank IMANI Africa and security analyst Professor Kwesi Aning took legal steps to challenge the dismissal of Dr. Dampare and other heads of security services. They filed an injunction at the Supreme Court, arguing that the President does not have absolute discretion in removing these officials.

According to IMANI and Professor Aning, the removal of uniformed security heads, including the IGP, must be based on established misconduct or misbehaviour. They contend that fresh appointments can only be made in cases where the officeholder has resigned, retired, become incapacitated, or passed away.

“The President of the Republic of Ghana has no authority to terminate the appointment or remove from office heads of these agencies unless only upon proven stated misconduct or misbehaviour,” their legal filing states.

The motion for the interlocutory injunction was officially submitted to the Supreme Court Registrar at 11:00 AM on March 13, 2025. The plaintiffs seek an order to prevent the Attorney-General, the President, and the councils overseeing the Ghana Immigration Service, Ghana Police Service, National Fire Service, and Ghana Prisons Service from removing or replacing their respective heads while the case is under judicial review.

Despite this legal challenge, President John Dramani Mahama has proceeded with appointing Commissioner of Police (COP) Christian Tetteh Yohunu as the new IGP. His appointment, the presidency asserts, follows Articles 91 and 202 of the 1992 Constitution and was made in consultation with the Council of State.

This is what the said law stipulates on "INSPECTOR-GENERAL OF POLICE AND APPOINTMENT OF MEMBERS OF POLICE SERVICE"

(1) The Inspector-General of Police shall be appointed by the President acting in consultation with the Council of State.(2) The Inspector-General of Police shall be head of the Police Service and shall, subject to the provisions of this article and to the control and direction of the Police Council, be responsible for the operational control and the administration of the Police Service.(3) Subject to the provisions of this Constitution, the power to appoint persons to hold or to act in an office in the Police Service shall vest in the President, acting in accordance with the advice of the Police Council(4) The President may, subject to such conditions as he thinks fit, delegate some of his functions under this article by directions in writing to the Police Council or to a committee or to a member of the Council.

The Supreme Court is expected to rule on the matter on May 7, 2025, determining whether a sitting president indeed has unilateral power to remove an IGP or if constitutional safeguards limit this authority.

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