Sack your Controller and Accountant-General within 48hrs or meet us in court – ASEPA to Akufo-Addo

The Alliance for Social Equity and Public Accountability (ASEPA) has called on President Nana Addo Dankwa Akufo-Addo to sack the Controller and Accountant-General, Kwasi Kwaning-Bosompem, over his decision to contest in the ruling New Patriotic Party’s parliamentary primaries.

According to ASEPA, Kwaning-Bosompem's continuous stay in office as Controller and Accountant-General while he bids to represent the NPP in parliament is a clear violation of the constitution of Ghana.

In a statement issued by its Executive Director, Mensah Thompson, and sighted by GhanaWeb, the civil society group said that the Supreme Court of Ghana in a recent ruling established that no member of the Civil Service or Local Government Service like the Controller and Accountant-General can be in office while he campaigns to be elected in a public election.

It added that if President Akufo-Addo fails to sack Kwaning-Bosompem within 48 hours, he would face the full rigours of the law.

“We are of the firm belief, that this does not only constitute a grave violation of the laws of this Country but also flies in the face of legal precedent and interpretation of the law established by the Supreme Court in the case of Civil and Local Government Service Staff Association (CLOSSAG) V.The Attorney General(2017) in suit number J1/16/2016

“In that case, the Supreme Court presided over by Her Ladyship Justice Sophia Akuffo clearly set out the position of the law on the participation of Civil Servants in Political activities,” part of the statement which was issued on January 5, 2024, reads.

It added, “… Based on the above, we hereby serve notice to President Akufo-Addo that, the conduct of the Controller and Accountant General constitutes a gross violation of the laws of this land and as such he must be removed from office immediately. Failure of which will push us to challenge the action in Court”.

The group also warned the Electoral Commission of Ghana against accepting Kwaning-Bosompem's candidature to contest in the NPP parliamentary primaries while he is still serving in public office.

It threatened to also sue the Electoral Commission if the government official is allowed to participate in the primaries.

“We also serve notice to the Electoral Commission that the conduct of the Controller, having successfully filed his nominations to contest in a political party primaries while actively serving in a Civil Service Position is in clear breach of our laws and that therefore undermines his eligibility to contest as a member of Parliament even if he wins the political party primaries and the EC must be ready to reject his nominations as well or face us in Court,” it added.

Read the full statement by ASEPA below:

05-01-2024

SACK CONTROLLER AND ACCOUNTANT GENERAL WITHIN 48HOURS OR WE GO TO COURT

ASEPA has been following with keen interest the matter concerning the current Controller and Accountant General who has successfully filed his nomination to contest the Parliamentary Primaries of the New Patriotic Party in the Akim Swedru constituency in the Eastern Region.

Per our last checks as at this morning, the Controller and Accountant General who is a member of the Civil Service as defined under Section 4 of the Civil Service Act, PNDC Law 327 is still at post and has not tendered any official resignation to the President neither have we seen any communique from the Presidency revoking his appointment.

We are of the firm belief, that this does not only constitute a grave violation of the laws of this Country but also flies in the face of legal precedent and interpretation of the law established by the Supreme Court in the case of Civil and Local Government Service Staff Association (CLOSSAG) V.The Attorney General(2017) in suit number J1/16/2016. Excerpts of that judgement is attached herein for your perusal.

In that case, the Supreme Court presided over by Her Ladyship Justice Sophia Akufo clearly set out the position of the law on the participation of Civil Servants in Political activities.

For the avoidance of doubt here is the verbatim wording of the decision of the Court in the case of CLOSSAG v.Attorney General;(supra) ws: 1. On a true and proper interpretation of the Constitution, a member of the Civil Service or Local Government Service has a right to join any political party of his or her choice, however, such a person does not have the right to participate overtly in political party activities whilst still a member of the Civil Service or Local Government Service.

2. On a true and proper interpretation of the Constitution, a member of the Civil Service or Local Government Service does not have a right to contest for elections for political party office or hold political party office whilst still a member of the Civil Service or Local Government Service.

3. On a true and proper interpretation of the Constitution, a member of the Civil Service or Local Government Service does not have the right to remain a member of the Civil Service or Local Government Service after his or her nomination by a political party or otherwise to contest for election as a member of parliament. Moreover, such a person shall resign from his or her office immediately his or her political activities become overt.

4. The provisions of the Code of Conduct for members of the Civil Service or Local Government Service, enacted by the Councils of Civil Service or Local Government Service and any other authority barring a member of the Civil Service or Local Government Service from engaging in political party activities are not in contravention of the Constitution and are therefore not unconstitutional.

In greater context the Civil Service Act, PNDC Law 327 defines categorically defines Civil Service to include; 1. office of the President 2. ⁠a Ministry 3. a Government Department at the National level 4. ⁠Any other Civil Service department established under the Authority of the Act, whose emoluments is paid directly from the consolidated fund or other sources approved by Government.

Based on the above, we hereby serve notice to President Akufo-Addo that,the conduct of the Controller and Accountant General constitutes a gross violation of the laws of this land and as such he must be removed from office immediately. Failure of which will push us to challenge the action in Court.

We also serve notice to the Electoral Commission that the conduct of the Controller, having successfully filed his nominations to contest in a Political Party primaries while actively serving in a Civil Service Position is in clear breach of our laws and that therefore undermines his eligibility to contest as a member of Parliament even if he wins the political party primaries and the EC must be ready to reject his nominations as well or face us in Court.

Signed:

Mensah Thompson Executive Director, ASEPA 0542120628

Cc. Head of Civil Service Commission The Attorney General

BAI/AE

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