The Alliance for Social Equity and Public Accountability (ASEPA) Ghana has threatened to file a case against the Controller and Accountant-General, Kwasi Kwaning-Bosompem, from office for allegedly breaching the Civil Service Act, PNDC Law 327.
In a letter written by its Executive Director, Mensah Thompson and addressed to the Head of the Civil Service Commission, the Civil Society group indicated that it would go to the court to compel the Controller and Accountant General, Kwasi Kwaning-Bosompem to resign if he fail to voluntarily resign from post within the next forty-eight hours.
According to the group, the conduct of Mr Kwasi Kwaning-Bosompem constitute a grave violation of the laws of Ghana particularly in the face of legal precedent and interpretation of the law established by the Supreme Court in the case of ‘Civil and Local Government Service Staff Association (CLOSSAG) verses the Attorney General’ in 2017.
“ASEPA has been following with keen interest the matter concerning the current Controller and Accountant General who has successfully filed his nomination to contest the Parliamentary Primaries of the New Patriotic Party in the Akim Swedru constituency in the Eastern Region.
“Per our last checks as at this morning, the Controller and Accountant General who is a member of the Civil Service as defined under Section 4 of the Civil Service Act, PNDC Law 327 is still at post and has not tendered any official resignation to the President neither have we seen any communique from the Presidency revoking his appointment”.
Alliance for Social Equity and Public Accountability (ASEPA)
The Alliance for Social Equity and Public Accountability further indicated that the Supreme Court decision in the case of ‘Civil and Local Government Service Staff Association (CLOSSAG) versus the Attorney General’ in 2017 clearly stated that even though a member of the Civil Service or Local Government Service has a right to join any political party of his or her choice, such a person does not have the right to participate overtly in political party activities whilst still being a member of the Civil Service or Local Government Service.
Furthermore, ASEPA posited that the Supreme Court ruling in the above mentioned case clearly indicated that a member of the Civil Service or Local Government Service does not have a right to contest for elections for political party office or hold political party office whilst still being a member of the Civil Service or Local Government Service.
The group also posited that on a true and proper interpretation of the 1992 Constitution, a member of the Civil Service or Local Government Service does not have the right to remain a member of the Civil Service or Local Government Service after his or her nomination by a political party or otherwise to contest for election as a member of parliament.
According to the group, such a person is required by the 1992 Constitution to resign from his or her office immediately his or her political activities become widely public.
Moreover, the public accountability group argued that the provisions of the Code of Conduct for members of the Civil Service or Local Government Service, enacted by the Councils of Civil Service or Local Government Service and any other authority barres a member of the Civil Service or Local Government Service from engaging in political party activities
“In greater context the Civil Service Act, PNDC Law 327 categorically defines Civil Service to include office of the President, a Ministry, a Government Department at the National level and any other Civil Service department established under the Authority of the Act, whose emoluments is paid directly from the consolidated fund or other sources approved by Government”.
Alliance for Social Equity and Public Accountability (ASEPA)
Based on the above arguments, the Alliance for Social Equity and Public Accountability urged President Akufo-Addo to revoke the appointment of the Controller and Accountant-General as his conduct constitutes a gross violation of the laws of the country.
The group further notified the Electoral Commission of Ghana that the conduct of the Controller and Accountant-General having successfully filed his nominations to contest in the New Patriotic Party parliamentary primaries while actively serving in a Civil Service position is in clear breach of the laws of Ghana and hence undermines his eligibility to contest as a member of Parliament even if he wins the party’s primaries.
According to the Alliance for Social Equity and and Public Accountability the Electoral Commission of Ghana must without any hesitation reject the nominations of Mr Kwasi Kwaning Bosompem if elected as the New Patriotic Party parliamentary candidate in the Akyem Swedru Constituency.
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