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Asset declaration by appointees mandatory under 1992 Constitution – Martin Kpebu

Martin Kpebu is a private legal practitioner Martin Kpebu is a private legal practitioner

Private legal practitioner, Martin Kpebu, has addressed the unending discourse on asset declaration, stating that the 1992 Constitution clearly spells out the provision which is binding on all public officials before their assumption of office.

Speaking in an exclusive interview with GhanaWeb, Kpebu explained that asset declaration expressly stated in Article 286(1) of the 1992 Constitution, requires public officeholders including the president, vice president, ministers of state, Members of Parliament, judges, ambassadors, and others who earn salaries equivalent to or higher than that of a director in the civil service, to comply with the asset declaration provision.

“All assets and liabilities owned by the person, directly or indirectly, including money, properties, shares, business interests, and debts, must be declared before taking office,” Martin Kpebu explained.

He emphasised that asset declaration must be done at three key stages of an appointee’s engagement by the government: before assuming office, at the end of every four-year period, and at the conclusion of the official’s term in office.

According to the legal luminary, declaration documents are submitted to the Auditor-General, who is required to keep them confidential unless the Commission on Human Rights and Administrative Justice (CHRAJ) is having an investigation and requests open declaration.

Kpebu also emphasised that failure to declare assets, or making false declarations, is an offense that can lead to serious consequences, including disqualification from holding public office.

“Public Office Holders (Declaration of Assets and Disqualification) Act, 1998 (Act 550), which gives legal effect to Article 286 of the constitution.

“Non-compliance can result in removal from office or other sanctions,” he stated.

He also noted that while declarations are currently confidential, there have been growing calls for reforms to enhance transparency.

These include proposals to make asset declarations publicly accessible and to enforce stricter timelines for submission.

MRA/AE

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