The Supreme Court through the delivery of Tanko Amadu JSC has struck down section 1(4) of the Public Office Holders (Declaration of Assets and Disqualification) Act, 1998 (Act 550) as inconsistent with Article 286(1) of the 1992 Constitution of the Republic of Ghana.

Per the Supreme Court in unison, the 6 month grace period offered an asset declarant under Act 550 is sinful against the requirement of asset declaration prior to taking office provided under Article 286(1) of the 1992 Constitution.

The Court thus held that declarations after exiting office and after 4 years ought to abide with the express requirement under Article 286(1) of the 1992 Constitution and not enjoy any 6 month grace period unconstitutionally offered under Act 550.

STAR OF THE MONTH - Professor Philip Ebow Bondzi-Simpson ESQ.

The Court thus granted the relief of the Plaintiffs seeking a nullification of section 1(4) of the Public Office Holders (Declaration of Assets and Disqualification) Act, 1998 (Act 550) but restrained itself as suggested by the Attorney-General from retrospective application against asset declarants since 1998.

In light of the decision of the Court, the 7-man Supreme Court panel ordered all appointees who are to declare their assets, but are yet to do so owing to the refuge under section 1(4) of Act 550 to immediately do so.

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