ASEPA has filed a lawsuit at the Supreme Court of Ghana against the Attorney General aimed at addressing what it says are weaknesses in Ghana’s current Asset Declaration regime.
At the heart of the legal action is the contention that the existing legislation, the Public Office Holders Declaration of Asset and Liabilities Act, Act 550, falls short of the constitutional requirements set out in Article 286(1) of the 1992 Ghanaian Constitution.
This article mandates that certain public officeholders declare their assets and liabilities before assuming their roles.
Article 286(1) states: “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.”
The crux of ASEPA’s argument lies in the discrepancy between the constitutional timeframe and the provisions of Act 550. Under Act 550, public officeholders are granted a six-month grace period to declare their assets and liabilities after assuming office. ASEPA argues that this extended window contradicts the intent and spirit of Article 286, as it allows for a significant shift in asset and liabilities position during this period.
In its suit, ASEPA seeks a declaration from the Supreme Court that Act 550 is in violation of Article 286(1) of the 1992 Constitution. The organization is asking for the nullification of the inconsistent provisions within the Act. Furthermore, ASEPA is requesting an order that mandates public office holders who declared their assets and liabilities under Act 550’s defective provision to resubmit their declarations to the Auditor General in alignment with the constitutionally mandated timeframe.
Mensah Thompson, the Executive Director of ASEPA, emphasized that their ultimate goal is to ensure that asset declarations by public office holders accurately reflect their financial position before taking office.
“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.”