The Alliance for Social Equity and Public Accountability (ASEPA), is suing the Attorney-General over Ghana’s weak asset declaration regime.
In a suit filed at the Supreme Court, the group is asking the apex court to issue a directive 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.
ASEPA is also seeking 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.
The Public Office Holders Declaration of Asset and Liabilities Act 1998 (Act 550), mandates every public office holder whose remuneration is equal to that of a Director in the Civil Service, to declare assets they own directly or indirectly before assuming office, however, it appears most public officers do not comply with the law before assuming office.
This has resulted in countless debates whenever a scandal involving a government appointee goes viral.
Recently, the alleged theft case involving one million dollars and millions of Ghana cedis from the private residence of former Sanitation Minister, Cecilia Dapaah resurrected the debate on asset declaration by government officials.
In view of this, ASEPA, led by its Executive Director, Mensah Thompson, 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 Constitution and must be declared null and void.
ASEPA explains that Article 286 of the 1992 Constitution requires public office holders listed under clause 5 to declare their assets and liabilities before taking office.
“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; within three months after the coming into force of this Constitution or before taking office, as the case may be; at the end of every four years; and at the end of his term of office.”
However, the Public Office Holders Declaration of Assets and Disqualifications Act (1998) Act 550, gives public office holders a six-month grace period to declare their assets and liabilities after taking office.
The group describes it as an error which is inconsistent with Article 286 of the Constitution.
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