...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.
