Introduction
Ahead of Ghana’s general elections on Dec. 7, 2024, parties are expected to present candidates to be elected as members of Parliament.
Except for five constituencies, the National Democratic Congress (NDC) elected its candidates for 2024 in a seemingly trouble-free manner on May 13, 2023.
On the other hand, the New Patriotic Party (NPP) elected candidates in 111 “orphan constituencies” (sectors without current sitting MPs) on Dec. 2, 2024. For the remaining constituencies with incumbent MPs, the primaries will be held on Jan 27, 2024.
What is the Controversy?
Ahead of the NPP polls, there have been discussions on social and traditional media about Mr Kwasi Kwaning-Bosompem’s eligibility for involvement in active party politics as a serving civil servant.
Mr Kwasi Kwaning-Bosompem, the present Controller and Accountant-General, intends to partake in the coming NPP parliamentary primaries in the Akim Swedru Constituency.
Members of the opposition party and the public have argued that it is unsuitable for a civil servant with a position of such magnitude to engage in active partisan politics.
Does the law permit or prohibit civil servants from participating in partisan politics?
According to the Public Services Commission, Ghana, public service includes a wide variety of institutions and organisations which provide essential services to the public. The government or state remunerates these organisations and institutions.
According to Article 190 of the 1992 Constitution of Ghana, Public services in Ghana include the Civil Service, Judicial Service, Education Service, Audit Service, Security Services, and all other public corporations and services established by the constitution.
The Controller and Accountant General’s Department was established under the Civil Service Act 1960 (CA.5) as the Accounting class of the Civil Service. Session 22 (1) of the Civil Service Act gives the President the power to appoint directors of ministries and government departments following Article 195 of the Constitution. Session 22 (2) states that a director or head appointed by the president under subsection (1) becomes a civil servant.
What does the law say about Civil Service and politics?
Article 94 of the 1992 constitution of Ghana spells out who is eligible to be elected as a member of parliament.
According to Article 94, subsection (3) of the 1992 Constitution of Ghana, an individual is not eligible to be a member of parliament if he or she is a member of the civil service.
“A person shall not be eligible to be a member of parliament if he is a member of the Police Service, the Prisons Service, the Armed Forces, the Judicial Service, the Legal Service, the Civil Service, the Audit Service, the Parliamentary Service, the Statistical Service, the Fire Service, the Customs, Excise and Preventive Service, the Immigration Service, or the Internal Revenue Service,” subsection (3) (b) of Article 94 states.
In line with the case, Writ No.J1/16/2016 (Judgment delivered on 14 June 2017, Civil and Local Government Staff Association of Ghana V. the Attorney General and two others, the Supreme Court held that a civil servant or a member of civil service cannot contest for elections or hold a political party position.
“Excessive partisanship in the civil service or local government affects the anonymity and neutrality principle required for the civil service to function effectively,” the unanimous 9-member panel posited.
“At this stage of our socio-political development when political discourse is all-pervasive, and rivalry can easily trigger a whole range of reactions, including even violence, it would be most unhealthy to countenance civil and local government servants who publicly proclaim their leanings in the public space,” the court added.
This was instituted after Alexander Hedidor, the then Assistant Director at Prestea-Huni Valley District Assembly, was interdicted by the Office of Head of Civil Service for filing nominations to contest in parliamentary primaries of the NDC. He was considered to have breached the Civil Service and Local Government Service Code of Conduct.
Code of Conduct of Ghana Civil Service
The code of conduct of the Ghana civil service emphasises neutrality in performing one’s duties even though the constitution confers the right to join associations or political parties of one’s choice. Principle 5 of the code of conduct states that a civil servant may not accept any paid or unpaid temporary or permanent political party office or (b) declare openly as a political party member. Also, a civil servant shall not publicly declare support for any party, candidate, or policy or (d) make speeches or join demonstrations in favour of a party or a political agenda. In addition, a civil service staff shall not engage in activities likely to involve him in political controversy.
Conclusion
Article 94 of the 1992 constitution of Ghana emphatically states civil servants are not eligible to be elected as members of parliament. Also, the Code of Conduct of Ghana Civil Service posits that civil and public servants must desist from overtly involving themselves in partisan politics to be neutral in performing their duties.
