Let's not be baited into taking Controller & Accountant General's case to court; he should resign - Martin Kpebu

Private legal practitioner, Martin Kpebu, has cautioned against rushing to court in the matter involving Controller and Accountant General, Kwasi Kwaning-Bosompem, who is actively involved in political activities while holding a public office.

According to him, the public must come together to put pressure on him to resign from office.

This comes after the Controller and accountant General, Kwasi Kwaning-Bosompem, said that he won't resign from office even as he is contesting to win the seat of Akim Swedru, a move which is considered illegal the by him is in contradiction with the Public Office Act.

Speaking in an interview with TV3, Martin Kpebu stated that public should mount pressure on the Controller and Accountant General to resign just so he can pursue his political career.

“We are now giving him the opportunity to say that the matter is in court. I think that is what he is waiting for but I won't fall for that bait, let’s not fall for it.

“He will say the matter in court so, if he resigns, he can be sued for contempt, in fact, they will come up with a number of excuses. So, let's just let the public pressure continue to force him to resign,” he said.

Kpebu clarified that the Accountant General's potential defence citing Article 195 to justify his dual roles could be countered by emphasising that this article encompasses all appointees in the civil services, including those in roles like cleaners and janitors.

He argued that all such positions are crucial to the constitutional dispensation, and therefore, the reliance on Article 195 doesn't absolve Kwaning-Bosompem of the legal concerns raised by his political involvement.

“We should meet him with the chorus that the Article 195 encompasses all appointees in the civil services including the cleaners, janitors etc. By this, they are all important to our constitutional dispensation. So, when he says he was appointed under Article 195, he hasn't said anything,” he added.

What Article 195 of the Constitution of Ghana, 1992 says

(1) Subject to the provisions of this Constitution, the power to appoint persons to hold or to act in an office in the public services shall vest in the President, acting in accordance with the advice of the governing council of the service concerned given in consultation with the Public Services Commission.

(2) The President may, subject to such conditions as he may think fit, delegate some of his functions under this article by directions in writing to the governing council concerned or to a committee of the council or to any member of that governing council or to any public officer.

(3) The power to appoint persons to hold or act in an office in a body of higher education, research or professional training, shall vest in the council or other governing body of that institution or body.

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