The Opposition National Democratic Congress (NDC) Member of Parliament (MP) for the South Dayi constituency in the Volta Region, Rockson-Nelson Dafeamekpor, has initiated a court action against Kwasi Kwaning-Bosompem, the serving Controller and Accountant General of the Republic.
This follows the decision of the Controller and Accountant to contest the Parliamentary primary for the ruling New Patriotic Party in the Akim Swedru constituency in the Eastern Region.
He is facing two challengers, the incumbent MP for the area, Kennedy Osei Nyarko, and Jerome Kwame Akodo.
However, since news of his decision to contest the seat broke, there have been many calls from some political parties, political commentators, and civil servants, including the Civil and Local Government Staff Association of Ghana (CLOGSAG), for him to vacate the position as the Controller and Accountant-General.
Due to that, the NDC MP, Rockson-Nelson Dafeamekpor, in a statement of claim file at the court said he is essentially seeking an order of the court to injunct Mr Kwaning-Bosompem from holding himself out as the Controller and Accountant General while he maintains his candidacy to contest in the New Patriotic Party (NPP) parliamentary primary for the Akim Swedru constituency.
He said in the statement that Mr. Kwaning-Bosompem officially picked his nomination form to contest in the upcoming NPP primaries on Wednesday, 20 December 2023 at the Akim Swedru Constituency and has failed to relinquish his position as the Controller and Accountant General.
The NDC MP further argues that “a civil servant is entitled to his views in political matters, and if so qualified, may vote at elections however any civil servant who wishes to contest in any political activity has to resign from the service”.
Mr. Rockson-Nelson Dafeamekpor noted that having failed to do the same, he has been compelled to file the instant action and to seek a total of seven reliefs.
On his claims, he said first, a declaration that the defendant, Kwasi Kwaning-Bosompem, is a civil servant and therefore cannot contest in the New Patriotic Party’s parliamentary primary while holding office as the Controller and Accountant General.
Second, a declaration that 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.
Third, 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 primary to be held on 27th January 2024.
Fourth, 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 primary to be held on 27th January 2024.
Fifth, an order directing Defendant to resign from his position as the Controller and Accountant General if Defendant insists on contesting in the New Patriotic Party’s parliamentary primaries to be held on 27th January 2024.
Sixth, costs including legal fees, and lastly, any other order(s) as the honorable court will deem just and fit to make.
The current Controller and Accountant-General ascended to the position of Controller General in April 2019 after his predecessor, Eugene Ofosuhene, was directed by the President to proceed on compulsory retirement.
Before that, Kwasi Kwaning-Bosompem had served as Deputy Controller and Accountant General in Charge of payroll.
He was born in Akim Swedru in the Eastern Region of Ghana where he grew up and had his early education.
He attended Akim Swedru Senior High School before training to become an accountant.
NPP Defends
Meanwhile, the Communications Director of the New Patriotic Party (NPP), Richard Ahiagbah, has downplayed calls for the Controller and Accountant-General, Kwasi Kwaning-Bosompem, to resign before contesting the party’s parliamentary primaries.
According to him, there was no specific rule currently that bars the Controller and Accountant-General from contesting a political office while holding on to his current position.
The Controller and Accountant General went on retirement from the Civil Service and was given a contract by the President to stay on which technically makes him a government appointee on contract.
Speaking on Accra-based TV3’s, Mr. Ahiagba rejected such calls, indicating that, the position of the Controller and Accountant-General was a “unique” one by saying, the current Controller and Accountant-General was “not a civil servant in the true sense of the word” because he was a government appointee.
Therefore, Mr Ahiagbah insisted the Controller and Accountant-General needed not to resign before contesting for any political position.
He said “There is no doubt about rendering the position of the law, I think there is no dispute about that, but what I’m saying is that we have a unique situation in this Controller and Accountant-General position where technically, he was out of the civil service and brought back. All the examinations that we are talking about, none of them conform to his particular situation’’.
“If anybody wants to parallel what ruling exists to say that, therefore, he resigns, I’m saying that there is a unique instance. Perhaps, the Supreme Court can give a ruling,” he said.
Mr Ahiagbah added that “he [Controller and Accountant-General] has gone out [of civil service] and come in by an appointment. So, technically, he is not a civil servant in the true sense of the word, he is a government appointee based on that.
He added that “There is no rule currently that deals with his position in terms of any ruling.”
Source: Daniel Bampoe