Akuffo Addo, JAKE for CHRAJ

...Fail To Declare Assets More Than Two Years after Leaving Office

Nana Addo Dankwa Akuffo-Addo , the 2012 presidential candidate of the New

Patriotic Party (NPP) and Jake Okanta Obetsebi-Lamptey, former Minister of

Tourism and Diasporan Relations, would soon be dragged before the Commission for

Human Right and Administrative Justice (CHRAJ) for contravening the 1992

constitution by failing to declare their assets more than two years after

leaving office as a Ministers of State.

Information available to The Daily Democrat indicates that, Nana Akuffo Addo and

Jake Obetsebi Lamptey, current NPP Chairman, both self appointed apostles of

rule of law, are among a number of former NPP Ministers and government

appointees who have disrespected the constitutional provision of assets

declaration. A source revealed that, they have failed to declare assets

including, state lands, state bungalows, private houses, state cars, farm

lands, business entities, corporate shares, among others, they acquired when

serving under the property owning government of ex-president J.A Kufuor .

Article 286, clause (1) of the 1992 Constitution states that, ‘a person who hold

a public office, including Ministers shall submit to the Auditor-General a

written declaration of all property or assets owned by, or liabilities owed by

him whether directly or indirectly (a) within three months after the coming into

force of this Constitution or before taking office, as the case may be, (b) at

the end of every four years; and(c) at the end of his term of office.’

The Clause (2) of the same article also states that failure to declare one’s

assets, according to the provision, amounts to contravention of the 1992

Constitution and shall be dealt with in accordance with article 287 of the 1992.

Article 287 reads that, ‘a public officer who contravenes or a refuses to comply

with article 286 of the 1992 Constitution shall be dragged before the

Commissioner of CHRAJ to cause investigations into the acquisition of his or her

assets whiles in office.’

(2) Failure to declare or knowingly making false declaration shall be a

contravention of this Constitution and shall be dealt with in accordance with

article 287 of this Constitution.

(3) The declaration made under clause (1) of this article shall, on demand, be

produced in evidence-

(a) before a court of competent jurisdiction; or

(b) before a commission of inquiry appointed under article 278 of this

Constitution; or

(c) before an investigator appointed by the Commissioner for Human Rights and

Administrative Justice.

(4) Any property or assets acquired by a public officer after the initial

declaration required by clause (1) of this article and which is not reasonably

attributable to income, gift, loan, inheritance or any other reasonable source

shall be deemed to have been acquired in contravention of this Constitution.

There is enough evidence that the NPP Flagberer, Jake and others have shown

great disrespect to the 1992 Constitution which is the supreme law of Ghana,

casting doubts over their sincerity to uphold the individual fundamental human

rights of Ghanaians.

.

* CODE OF CONDUCT FOR PUBLIC OFFICERS UNDER THE 1992 CONSTITUTION

*

* 284- A public officer shall not put himself in a position where his

personal interest conflicts or is likely to conflict with the performance

of the functions of his office

* 285- No person shall be appointed or act as the Chairman of the

governing body of a public corporation or authority while he holds a

position in the service of that corporation or authority.

* 286- (1) A person who holds a public office mentioned in clause (5) of

this article shall submit to the Auditor-General a written declaration of

all property or assets owned by, or liabilities owed by, him whether

directly or indirectly.

* (a) within three months after the coming into force of this Constitution

or before taking office, as the case may be,

* (b) at the end of every four years; and

* (c) at the end of his term of office.

* (2) Failure to declare or knowingly making false declaration shall be a

contravention of this Constitution and shall be dealt with in accordance

with article 287 of this Constitution.

* (3) The declaration made under clause (1) of this article shall, on

demand, be produced in evidence-

* (a) before a court of competent jurisdiction; or

* (b) before a commission of inquiry appointed under article 278 of this

Constitution; or

* (c) before an investigator appointed by the Commissioner for Human

Rights and Administrative Justice.

* (4) Any property or assets acquired by a public officer after the

initial declaration required by clause (1) of this article and which is not

reasonably attributable to income, gift, loan, inheritance or any other

reasonable source shall be deemed to have been acquired in contravention of

this Constitution.

* (5) The public offices to which the provisions of this article apply are

those of -

* (a) the President of the Republic;

* (b) the Vice-President of the Republic;

* (c) the Speaker, the Deputy Speaker and a Member of Parliament;

* (d) Minister of State or Deputy Minister;

* (e) Chief Justice, Justice of the Superior Court of Judicature, Chairman

of a Regional Tribunal, the Commissioner for Human Rights and

Administrative Justice and his Deputies and all judicial officers;

* (f) Ambassador or High Commissioner;

* (g) Secretary to the Cabinet;

* (h) Head of Ministry or government department or equivalent office in

the Civil Service;

* (i) chairman, managing director, general manager and departmental head

of a public corporation or company in which the State has a controlling

interest; and

* (j) such officers in the public service and any other public institution

as Parliament may prescribe

* ((6) The Auditor-General shall make a written declaration of his assets

and liabilities to the President in the manner and subject to the

conditions provided in clauses (1) to (3) of this article.

* (7) Before entering upon the duties of his office, a person appointed to

an office to which the provisions of this article apply, shall take and

subscribe the oath of allegiance, the oath of secrecy and the official oath

set out in the Second Schedule to this Constitution, or any other oath

appropriate to his office.

* 287 (1) An allegation that a public officer has contravened or has not

complied with a provision of this Chapter shall be made to the Commissioner

for Human Rights and Administrative Justice and, in the case of the

Commissioner of Human Rights and Administrative Justice, to the Chief

Justice who shall, unless the person concerned makes a written admission of

the contravention or non-compliance, cause the matter to be investigated.

* (2) The Commissioner of Human Rights and Administrative Justice or the

Chief Justice as the case may be, may take such action as he considers

appropriate in respect of the results of the investigation or the

admission.

* 288 In this Chapter, unless the context otherwise requires, "public

officer" means a person who holds a public office.