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Sallah v Attorney-General case of 1970 highlights judicial independence and limits on executive power
via GhanaWeb3 min read
The 1970 Sallah v Attorney-General case remains a significant event in Ghanaian legal history, illustrating the judiciary's role in scrutinizing executive actions. The case arose when Prime Minister Kofi Abrefa Busia's government terminated the appointments of 568 public servants, including EK Sallah, a manager at the Ghana National Trading Corporation GNTC, citing the need for efficiency. The government broadly interpreted Section 91 of the 1969 Constitution's transitional provisions, which addressed appointments in public offices "established" by the National Liberation Council NLC. Sallah challenged his dismissal in the Supreme Court, arguing his position fell outside the scope of the transitional provision. The Attorney General, Nicholas Yaw Boafo Adade, attempted to disqualify two justices for alleged bias, but the court allowed them to sit. In its April 20, 1970, decision, the Supreme Court ruled 3-1 that Sallah's appointment was wrongly terminated, interpreting "establish" to mean to set up or create, and concluding that the GNTC was not an NLC-created office. Prime Minister Busia, in a televised address, stated that no court could compel the government to employ or re-employ anyone, but he affirmed he would not dismiss judges. The case is frequently cited as a defining moment in constitutional law, emphasizing judicial independence, strict interpretation of transitional provisions, and limits on executive actions in public service matters following the return to civil
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