The Member of Parliament for South Dayi Constituency, Rockson-Nelson Etse K. Dafeamekpor, has filed a writ at the Accra High Court, challenging the decision by the Controller and Accountant General to hold office while seeking to contest the upcoming New Patriotic Party (NPP) Parliamentary primaries in Akim Swedru in the Eastern Region.
Mr Kwasi Kwaning-Bosompem, the Controller and Accountant General (defendant), had picked nomination forms, vetted, and approved to contest the NPP parliamentary primaries on January 27.
But, the applicant, Mr Dafeamokpor contends the defendant is a civil servant and had to resign to seek his political ambition.
The plaintiff’s counsel, Nii Kpakpo Samoa Addo, of Addo, Addo (Legal Attorneys) stated in his statement of claim that efforts by his client to get Mr Kwaning-Bosompem to resign proved futile and that it was only the court that could compel him to resign.
He argues that the civil service was founded on the principles of neutrality, impartiality and integrity, thus, no civil servant should owe or be perceived to owe any allegiance to any political party.
The South Dayi law maker asserts that a civil servant was entitled to his views in political matters, and if so qualified, may vote at elections.
However, the plaintiff holds that any civil servant who wishes to contest in any political activity has to resign from the service.
Making reference to a case law, the legislator stated that the Supreme Court has held in the case of Civil and Local Government Staff Association of Ghana (CLOSSAG) vs the Attorney-General and two others that on a true and proper interpretation of the constitution, a member of 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 overly in political party activities while still a member of the Civil Service or Local Government Service.
The plaintiff asked for 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.
The lawmaker asked the court perpetually injunct and restrain 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 January 27, 2021.
BY MALIK SULLEMANA