ASEPA threatens legal action against Controller and Accountant-General

The Alliance for Social Equity and Public Accountability (ASEPA) has issued a two-week ultimatum, threatening to take legal action against the Controller and Accountant-General, Kwasi Kwaning-Bosompem.

This comes in response to Kwaning-Bosompem’s decision to participate in the New Patriotic Party’s Akim Swedru Constituency parliamentary primaries.

ASEPA contends that Kwaning-Bosompem’s candidacy violates the Civil Service Act, PNDC Law 327, and has called on President Nana Akufo-Addo to revoke his appointment.

In a letter addressed to the head of the Civil Service Commission, ASEPA argues that the aspirant’s political engagement contradicts the laws governing public service, warranting his dismissal.

The letter from ASEPA to President Akufo-Addo warns, “Based on the above, we hereby serve notice to President Akufo-Addo that the conduct of the Controller and Accountant General constitutes a gross violation of the laws of this land, and as such, he must be removed from office immediately. Failure to do so will compel us to challenge the action in court.”

Calls for Kwaning-Bosompem’s resignation have intensified since news of his political aspirations became public.

Critics cite Article 94(3) of the constitution, which prohibits certain officeholders, including members of the Police Service, Prisons Service, Armed Forces, Judicial Service, Legal Service, Civil Service, and Audit Service, from contesting parliamentary seats.

However, NPP Director of Communication, Richard Ahiagbah, disagrees with this interpretation, asserting that no law prevents Mr. Kwaning-Bosompem from participating in the election scheduled for January 27.

RELATED:

• Controller and Accountant General in breach of constitution; he must resign – Martin Kpebu

• No rule bars Controller and Accountant-General from contesting NPP parliamentary primaries – Richard Ahiagbah

Below is ASEPA’s full letter.

SACK CONTROLLER AND ACCOUNTANT GENERAL WITHIN 48HOURS OR WE GO TO COURT

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.

We are of the firm belief that this does not only constitute a grave violation of the laws of this country but also flies 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) V.The Attorney General (2017) in suit number J1/16/2016.

Excerpts of that judgement is attached herein for your perusal.

In that case, the Supreme Court presided over by Her Ladyship Justice Sophia Akufo clearly set out the position of the law on the participation of Civil Servants in Political activities.

For the avoidance of doubt here is the verbatim wording of the decision of the Court in the case of CLOSSAG v.Attorney General;(supra)
ws:-
1. On a true and proper interpretation of the Constitution, a member of the Civil Service or Local Government Service has a right to join any political party of his or her choice, however, such a person does not have the right to participate overtly in political party activities whilst still a member of the Civil Service or Local Government Service.
2. On a true and proper interpretation of the Constitution, 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 a member of the
Civil Service or Local Government Service.
3. On a true and proper interpretation of the 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.
Moreover, such a person shall resign from his or her office immediately his or her political activities become overt.
4. 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 barring a member of the Civil Service or Local
Government Service from engaging in political party activities are not in
contravention of the Constitution and are therefore not unconstitutional.

In greater context the Civil Service Act, PNDC Law 327 defines categorically defines Civil Service to include;
1. office of the President
2. ⁠a Ministry
3. a Government Department at the National level
4. ⁠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.

Based on the above, we hereby serve notice to President Akufo-Addo that, the conduct of the Controller and Accountant General constitutes a gross violation of the laws of this land and as such he must be removed from office immediately. Failure of which will push us to challenge the action in Court.

We also serve notice to the Electoral Commission that the conduct of the Controller, having successfully filed his nominations to contest in a Political Party primaries while actively serving in a Civil Service Position is in clear breach of our laws and that therefore undermines his eligibility to contest as a member of Parliament even if he wins the political party primaries and the EC must be ready to reject his nominations as well or face us in Court.