Does leaving public office end accountability? What the law says about Egyapa Mercer's claim

Embattled former Minister of Finance, Ken Ofori-Atta, is set to face a United States (US) immigration court on Tuesday, January 20, 2026, following his detention by US immigration officials.

Ofori-Atta was arrested after failing to leave the US when his visa was suspended upon the request of the government of Ghana due to an ongoing investigation against him.

After news broke of Ofori-Atta’s detention, former Member of Parliament for Sekondi, Andrew Egyapa Mercer, defended the former minister’s refusal to return to Ghana, saying that he (Ofori-Atta) is not mandated to return to the country to answer questions of corruption against him.

He questioned claims that public officials are automatically required by law to account for their stewardship after leaving office, as he mounted a strong defence of former Finance Minister Ken Ofori-Atta.

Speaking during a heated discussion on Joy News on Saturday, January 10, 2026, Egyapa Mercer challenged critics to point to a specific law that mandates former public office holders to present themselves for questioning in the absence of any criminal charge.

“Show me the law that says that when you serve in public office, when you finish, you have to account,” he said.

He added, “You have accused a man; you say he should come. To do what? If you have your proof, the law is clear. Go to court. Establish a prima facie case. Leave your evidence. If he is minded to come and cross-examine your witnesses, let him do so. If he's not minded to do it, go ahead with your case.”

'Where is the law that says public officers must account'? - Egyapa-Mercer makes wild claim

Here are the laws of the country that border on the subject matter.

The Oath of Office:

All the oaths of persons entering public office, which can be found in the Second Schedule of the 1992 Constitution, clearly point to the fact that public officers must uphold the Constitution and present themselves to be accountable.

The Presidential Oath, as well as the Oath of the Vice-President, for instance, reads:

“I,............................................................................................................having been elected to the high office of President of the Republic of Ghana do (in the name of the Almighty God swear) (solemnly affirm) that I will be faithful and true to the Republic of Ghana; that I will at all times preserve, protect and defend the Constitution of the Republic of Ghana; and that I dedicate myself to the service and well-being of the people of the Republic of Ghana and to do right to all manner of persons.

“I further (solemnly swear) (solemnly affirm) that should I at any time break this oath of office, I shall submit myself to the laws of the Republic of Ghana and suffer the penalty for it. (So help me God).”

The use of the phrase ‘should I at any time break this oath of office’ means any time the president is found to have broken his oath during and after his tenure.

The case of a minister:

Ofori-Atta, being a former cabinet minister, would have sworn at least three oaths, including the Cabinet Oath and the Oath of the Minister of State.

In all these oaths, he swore to “uphold, preserve, protect and defend the Constitution of the Republic of Ghana. (So help me God).”

The 1992 Constitution of Ghana mandates every person charged with an offence to appear before the court in person. The Constitution stipulates that a trial can be held in the absence of the accused if he or she refuses to appear before the court.

“The trial of a person charged with a criminal offence shall take place in his presence unless—

“(a) he refuses to appear before the court for the trial to be conducted in his presence after he has been duly notified of the trial; or

“(b) he conducts himself in such a manner as to render the continuation of the proceedings in his presence impracticable and the court orders him to be removed for the trial to proceed in his absence,” Section 3 of Article 19 of the Constitution reads.

The Asset Declaration law

Additionally, Article 286 of the Constitution also mandates public office holders to declare their assets after they leave office, which is on its own a form of accountability.

“(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 a false declaration shall be a contravention of this Constitution and shall be dealt with in accordance with article 287 of this Constitution,” Sections 1 and 2 of Article 286 read.

In conclusion, although the laws that border on this matter do not explicitly use the phrase “former public office” or “public officers who have left office”, it would be misleading to say that such persons are not required to account for things that happened under their tenure.

BAI/MA

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