A former Director of Port at the Ghana Ports and Harbours Authority (GPHA), Jacob Kwabla Adorkor, has urged some agitated youth, said to be sympathisers of the National Democratic Congress (NDC), to exercise restraint in their protest against the removal of some top managers of public institutions.  

Addressing a group of irate youth who stormed the premises of GPHA in Tema on Wednesday, January 8, 2025, demanding the immediate exit of appointees of the previous government, Mr Adorkor cautioned them to allow for proper handing over and investigations to be carried out. 

Mr Adorkor, who served GPHA between 1989 and 2019 in various capacities, including as Port Operations Manager, Stevedore Manager, and Director of Port at Takoradi Port, advised the protesters to be patient, assuring them that their grievances had already been addressed by the party hierarchy.  

The protesters targeted key establishments, including TDC Ghana Ltd, Tema Oil Refinery (TOR), Volta Aluminium Company Limited (VALCO), GPHA, and Cocobod, calling for the resignation of top managers appointed under the former administration.  

Mr Adorkor, who was reassigned in 2017 to the Ministry of Transport as Technical Advisor of Maritime Affairs until his retirement in 2019, stated that he had been dispatched by the NDC office to address the aggrieved party members.  

“We are only waiting for a day or two for the proper things to be done. But take note, we have taken over, and because we have taken over, there should be proper handing over. If we want to do proper investigation, then we need proper handing over,” he said.  

He further urged the party members to allow for proper procedures, emphasising that, “if you don't want proper investigation, a lot of things you will not know, so let us take our time. We are already in control, and we will make sure everything is done appropriately to your satisfaction.”  

Mr Adorkor also assured the protesters that the party leadership would address their concerns. 

Background

In June 2019, the Supreme Court ruled that the removal of heads of public corporations as a result of a change of government was unconstitutional.  

In a unanimous decision, a seven-member panel of the court, presided over by the Chief Justice, Justice Sophia Akuffo, held that per Article 190 Clause 1(b) of the 1992 Constitution, public corporations were part of the Public Services of Ghana. Therefore, such persons were public service officers whose appointments were protected by the Constitution. 

According to the court, the appointments of such public service officers were governed by Article 195 of the Constitution.  

The removal of such public service officers, the court ruled, must be done in accordance with the terms and conditions of their contract of engagement, or it must be justified, as stipulated in Article 191 of the Constitution. 

Article 195 Clause 1 of the Constitution gives the President the power to appoint public service officers, but only with the advice of the governing board of the specific corporation, “given in consultation with the Public Services Commission.”  

Article 191(b) states: “A member of the public service shall not be dismissed or removed from office or reduced in rank or otherwise punished without a just cause.”  

By its decision, the Supreme Court repealed a section of the Presidential (Transition) Act 2012 (Act 845) which terminated the appointments of chief executives or director-generals of public corporations, statutory boards, and authorities upon the assumption of office by a new President. 

“To the extent that Section 14 of the Presidential (Transition) Act 2012 (Act 845) requires the chief executives or director-generals (however described) of public boards or corporations to cease to hold office upon the assumption of office by a person elected as President of the Republic of Ghana, the same is hereby declared to be unconstitutional and void for being in contravention of Articles 190 and 191 of the Constitution,” the court held.  

The unanimous decision of the court was read by Justice Professor Nii Ashie Kotey, with Justices Jones Dotse, Sule Gbadegbe, Anthony A. Benin, Samuel K. Marful-Sau, and Nene Amegatcher concurring.