ASEPA Ghana, a public accountability organization led by its Executive Director has filed a suit at the Supreme Court of Ghana against the Attorney General on Ghana’s weak Asset Declaration regime.
The suit, among other things, is seeking to get the Supreme Court to make a declaration that the Public Office Holders Declaration of Asset and Liabilities Act, Act 550 violates the letter and spirit of Article 286(1) of the 1992 and therefore to the extent of the inconsistency be declared null and void.
For the avoidance of doubt Article 286 of the 1992 constitution requires that public office holders listed under clause 5 declare their assets and liabilities before taking office.
(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
On the contrary, the Public Office Holders Declaration of Assets and Disqualifications Act,(1998) Act 550 is giving the public office holders a 6months grace period to declare their asset and liabilities after taking office, an error which we believe is inconsistent with the letter and spirit of Article 286 of the Constitution of Ghana 1992.
This error we believe defeats the purpose of asset declarations in the first place because six(6) months it’s a long time for a public office holder to see a significant shift in their asset and liabilities position.
Among other things, the suit is also seeking to get the Supreme Court to make an order requiring all public office holders who declared their assets and liabilities under the defective provision of Act 550 to resubmit their declarations to the Auditor General and finally to get a declaration that on the face of Article 286 any declaration of assets by a public office holder must be their asset position before taking office and not at the time of declaration.
This among other reliefs is our prayer at the Supreme Court.
