Public officers are constitutionally bound to account for their tenure – Kwaku Azar

A legal scholar Professor Stephen Kwaku Asare, popularly known as Kwaku Azar, has dismissed claims that there is no law requiring public officers to account for their time in office, insisting that accountability is deeply embedded in Ghana’s constitutional framework.

In a Facebook post on January 11, 2026, Kwaku Azar argued that the mistake many critics make is searching for a single sentence mandating accountability rather than appreciating what he described as the ‘constitutional design’.

According to him, accountability is not incidental but forms the ‘entire architecture of the constitution,’ beginning with its opening commitment to probity and accountability, which he stressed are both moral and legal foundations of the Republic.

He cited Article 37(1), which directs the state to secure a social order founded on probity and accountability, noting that public office is, therefore, a form of stewardship held in trust for the people, not personal property.

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Kwaku Azar further pointed to Chapter 24 of the constitution, titled Code of Conduct for Public Officers, highlighting provisions that prohibit conflicts of interest and self-dealing, making ethics a constitutional requirement rather than a discretionary choice.

On asset declaration, he referenced Article 286, which requires specified public officers to declare their assets and liabilities before assuming office, periodically while in office, and upon leaving office.

He described this as ‘accounting in black and white.’

Kwaku Azar emphasised Article 286(4) as a critical clause, noting that unexplained wealth is deemed unconstitutional.

“If you cannot reasonably explain it, the constitution presumes it unlawful,” he stated.

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Kwaku Azar also underscored the powers of the Auditor-General to audit, disallow and surcharge, stressing that public officers can be held personally liable for losses to the state.

He added that institutions such as CHRAJ, together with criminal laws on abuse of office and causing financial loss to the state, reinforce penal accountability.

Beyond institutions, he identified elections as an accountability mechanism, arguing that the rotation of power and the expiry of political protection allow for post-regime accountability.

He linked this to recurring anti-corruption slogans and initiatives, including zero tolerance for corruption and accountability drives such as ORAL.

Kwaku Azar cited Article 162(5), which places a constitutional duty on the media to uphold government accountability, and Article 240(1)(e), which promotes citizen participation in local governance to ensure accountability.

“So, if someone asks, where is the law that says public officers must account? the answer is simple: everywhere,” stressing that public office is stewardship, not “a licence to loot,” and that every steward must ultimately account.

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Meanwhile, watch as NDC MPs and party leadership pay tribute to late Naser Toure Mahama