Dafeamekpor sues Controller & Accountant-General for contesting political office as a civil servant

The Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor, has sued the Controller and Accountant -General for openly declaring his political affiliation whilst occupying the position of a Civil Servant.

He 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and Accountant-General’S Department was established under the Civil Service Act,1960 (CA 5), which was subsequently repealed by the Civil Service Act, 1993 (PNDCL 327).”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.”

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:

1. 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 27^th 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 27^th 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 27^th 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.

By Felix Anim-Appau