Prof. Ernest Kofi Abotsi, Dean of the Law School at the University for Professional Studies, Accra (UPSA), has shed light on the dynamic legal landscape surrounding the conflict of interest among public officials in Ghana amidst the ongoing SSNIT hotel shares offloading involving Bryan Acheampong.
He emphasized the profound impact of the New Companies Act of 2019, which has ushered in significant reforms, and elaborated on the far-reaching implications of these changes for public officers, as enshrined in the Constitution.
Furthermore, Prof. Abotsi emphasized that the 1992 Constitution enshrines a stringent and absolute prohibition on conflict of interest, leaving no room for exceptions or nuances, and thereby setting a high standard for public officials to uphold.
However, Prof. Abotsi pointed out that the New Companies Act of 2019 has introduced a more nuanced approach, permitting conflicts of interest under certain conditions, specifically when they are openly disclosed and explicitly approved by the board.
“The old approach under Ghanaian law was a blanket prohibition of conflict of interest in all instances. The new approach appears to be moving towards an angle in which conflict of interest is tolerated, provided there is a disclosure”.
Prof. Ernest Kofi Abotsi
Prof. Abotsi noted that while the Companies Act has introduced a more flexible approach, a significant caveat remains, as the Constitution’s strict stance on conflicts of interest still applies, and must be considered.
Accordingly, Prof. Abotsi stressed that the Constitution’s code of conduct for public officers includes a clear and absolute prohibition on conflicts of interest, with no room for exceptions or flexibility.
Furthermore, Prof. Abotsi reaffirmed the Constitution’s position as the highest law of the land, clarifying that its provisions supersede those of the Companies Act in matters related to public officers’ conduct, and must be given utmost priority.
Prof. Abotsi delved deeper into the intricacies of defining conflict of interest, especially in cases where public officers have stakes in private enterprises.
He highlighted the challenges of navigating these complex relationships and determining when they constitute a conflict.
As such, Prof. Abotsi stressed that the Constitution’s core principle remains unchanged, indicating that once a conflict of interest is established, it is strictly prohibited and cannot be justified or excused.
Prof. Abotsi’s clarification comes amid revelations that SSNIT is offloading 60% of its shares in four hotels to Bryan Acheampong, the Minister for Food and Agriculture, who also happens to be the MP for Abetifi.
Acheampong Denies Allegations
Meanwhile, Bryan Acheampong, owner of Rock City Hotels Limited, vehemently denied allegations made by Samuel Okudzeto Ablakwa, stating that claims of wrongdoing and conflict of interest in Rock City’s bid to acquire 60% of SSNIT’s hotel shares are entirely unfounded and misleading.
He emphasized that, as a non-executive director of the hotel, he has a separate role and identity distinct from Rock City’s corporate entity, and should not be conflated with the company itself.
As such he indicated that having been a businessman before becoming a public official, he is not required to obtain a certificate of clearance from the Speaker of Parliament, as his business interests predate his political career.
Furthermore, Bryan Acheampong warned Samuel Okudzeto Ablakwa, the MP for North Tongu, against making damaging statements about his company
“You are just adding things together and trying to destroy me and trying to destroy Rock City. It is most unfair, it is ‘un-Ghanaian’ and you should stop it”.
Bryan Acheampong
He said that if Ablakwa has concerns about a corporate entity, he should ask questions, noting that neither he nor anyone else will prevent Ablakwa from seeking answers, but warned that Ablakwa’s current approach is misguided and unrelated to the actual issues at hand.
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