[2000]DLSC105 • July 12, 2000 • Supreme Court •
AGBEVOR vs ATTORNEY-GENERAL
The plaintiff, serving as second deputy judicial secretary, was removed from the Judicial Service by a letter from the President citing incompetence. The plaintiff challenged the removal as unconstitutional under Articles 151 and 127 of the 1992 Constitution, asserting that only the Chief Justice has power to remove judicial officers and that he was not given a fair hearing. The Attorney-General contended that the plaintiff was not a judicial officer and that the President acted within powers under existing regulations.
read moreJUDGEMENT Akuffo JSC. Delivered the judgment of the Ag CJ, Adjabeng JSC and herself at the invitation of Edward Wiredu Ag CJ. The events which have provoked this action may be stated as follows: By a letter from the office of the President, dated 20 March 2000 and addressed to the plaintiff, the plaintiff was informed as follows: “His Excellency the President has accepted the recommendation of the Judicial Council, given in accordance with LI 319, section 28(2) of the Judicial Service Regulations, 1963 and has directed your immediate redeployment outside the Judicial Service for displaying a high degree of incompetence in the discharge of your duties.” By his writ herein, the plaintiff seeks from this court a declaration that his removal from the Judicial Service as a judicial officer by the President for the reasons stated, is contrary to article 151(1) of the Constitution, 1992. In his statement of case in support of his claim, the plaintiff, who until the said letter...