Private Legal Practitioner, Martin Kpebu has said the Controller and Accountant General, Kwasi Kwaning-Bosompem has misconstrued the provisions of the 1992 Constitution in his attempt to defend the decision not to resign from his current position while contesting for political office.
He said Mr Kwaning-Bosompem is a Civil Servant, thus cannot remain in office after filing to contest for a parliamentary seat.
Mr. Kwasi Kwaning-Bosompem is seeking to represent the Akim Swedru Constituency provided he wins the New Patriotic Party (NPP) Parliamentary primaries on January 27.
He justified his decision in an interview with TV3 and referenced the Public Financial Management Act (921) and Article 195 to defend his stance, noting that no law currently bars him from pursuing his ambition to be Member of Parliament.
But Martin Kpebu explained that the established functions performed by the Controller and Accountant-General defines him as a Civil Servant, thus cannot dissociate himself from the Civil Service.
“Kwasi Kwaning-Bosompem has turned the Constitution on its head and the same for the Public Financial Management Act 921…this Controller and Accountant-General is a subordinate to the Finance Minister, he works in the Ministry, he is a typical Civil Servant…he is wrong”, he told Alfred Ocansey on ‘Ghana Tonight’, January 10.
According to him, the Constitution’s mandate for the President to make appointment covers all public officers, including the Controller and Accountant-General.
“When you are appointed under Article 195, it is for all public officers, from the lowest to the highest,” he said.
Meanwhile, the Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor, has filed a lawsuit to prevent the Controller and Accountant General from contesting the NPP Parliamentary primaries.
Dafeamekpor sues Controller & Accountant-General for contesting political office as a civil servant
In his writ, the Legislator wants the court to declare as unconstitutional Mr. Kwaning-Bosompem’s decision to retain his position while vying for the parliamentary slot.
“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.”
“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.”
He is also seeking an interlocutory injunction to restrain Mr. Kwaning-Bosompem from holding himself out as the Controller and Accountant General while he still maintains his Akim Swedru parliamentary candidacy.
By Raphael Ghartey