A Professor at the University of Ghana, Ransford Gyampo has welcomed the legal action taken by South Dayi Member of Parliament Rockson Nelson Dafeamekpor on the decision of the Controller and Accountant-General, Kwasi Kwaning-Bosompem to contest in the NPP parliamentary primaries while still in office.
He believes that the court ruling on this matter will settle the dust on civil servants going into politics while still in office.
“This matter must be tested in court, it will not hurt at all, I hear Dafeamekpor has gone to court. Let the court processes decided,” he said on the Key Points on TV3 on Saturday, January 13.
Mr Dafeamekpor in his lawsuit proves in his statement of claim that “the Controller and Accountant General Department is a Civil Service Department under the Ministry of Finance” adding that “the Controller and Accountant-General’S Department was established under the Civil Service Act,1960 (CA 5), which was subsequently repealed by the Civil Service Act, 1993 (PNDCL 327).”
According to the Plaintiff, “the Supreme Court has held in the case of Civil and Local Government Staff Association of Ghana (CLOSSAG) v The Attorney-General and 2 Others that on a true and proper interpretation of the constitution, a member of the Civil 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.”
Mr. Dafeamekpor, who is also a private legal practitioner says he doesn’t understand why Mr. Kwaning-Bosompim is still contesting for Member of Parliament whilst occupying his position as a civil servant.
In the suit filled at the Accra High Court Thursday, January 11, 2024, and sighted by 3news.com, “the Plaintiff says that the Controller and Accountant General is the Chief Accounting Officer of the Government and the chief advisor to the Minister of Finance and the Government in matters relating to accountancy.”
He therefore wants Mr. Kwaning-Bosompim to resign as the Controller and Accountant- General as demanded in the Constitution.
Here are the full claims being sought by Mr Dafeamekor:
- A declaration that the Defendant is a civil servant and therefore cannot contest in the New Patriotic Party’s parliamentary primaries while holding office as the Controller and Accountant General.
2. A declaration that the Defendant as a civil servant can only contest in a political party’s parliamentary primaries if that civil servant has resigned from his position as a civil servant.
3. An Order of Interlocutory injunction restraining the Defendant from holding himself out as the Controller and Accountant General while he still maintains his candidacy to contest in the New Patriotic Party’s parliamentary primaries to be held on the 27th day of January, 2024.
4. An Order of Perpetual injunction restraining the Defendant from holding himself out as the Controller and Accountant General while he still maintains his candidacy to contest in the New Patriotic Party’s parliamentary primaries to be held on the 27th day of January, 2024.
5. An Order directing the Defendant to resign from his position as the Controller and Accountant General if the Defendant insists on contesting in the New Patriotic Party’s parliamentary primaries to be held on the 27th day of January, 2024.
6. Costs including legal fees.
7. Any other order(s) as this Honourable Court will deem just and fit to make.