CHRAJ Ruling on Declaration of Asset by Abbey

1.0 INTRODUCTION

Article 286 of the Constitution provides as follows:

A person who holds a public office mentioned in clause (5) of this Article shall submit to the Auditor-General a written declaration of all property or assets owned by, or liabilities owed by, him directly or indirectly-

(a) within three months after the coming into force of this

Constitution or before taking office, as the case may be; (a) at the end of every four years; and (b) at the end of his term of office.

Page 1 of 12

Old Parliament House, Accra [P.O. Box AC 489, Accra, Ghana / Ghana + 233 302 662150/ 668839/ 664267/ 664561 www. chraj.gov.gh

5G network services

Failure to declare or knowingly making a false declaration shall be a contravention of this Constitution and shall be dealt with in accordance with article 287 of this Constitution.

(5) The public offices to which the provisions of this article apply are those of-

the President of the Republic;
the Vice-President of the Republic;
the Speaker, Deputy Speaker and a Member of Parliament;
Minister of State or Deputy Minister;
Chief Justice, Justice of the Supreme Court of Judicature, Chairman of a Regional Tribunal, the Commissioner for Human Rights and Administrative Justice and his Deputies and all judicial officers;”

(O Ambassador or High Commissioner;

Secretary to the Cabinet;
Head of Ministry or government department or equivalent office in the Civil service
managing director. general manager and departmental head of public corporation or company in which the State has a controlling interest; and
Such officers in the public service and any other public institution as Parliament may prescribe.

Article 287, subtitled “Complaints of Contravention”, provides that:

An allegation that a public officer has contravened or has not complied with a provision of this Chapter shall be made to the Commissioner for Human Rights and Administrative Justice and, in the case of the

Commissioner of Human Rights and Administrative Justice to the Chief Justice who shall, unless the person concerned makes a written admission of the contravention or non-compliance, cause the matter to be investigated.

The Commissioner for Human Rights and Administrative Justice or the Chief Justice as the case may be, may take such action as he considers appropriate in respect of the results of the investigation or admission.

The long title to the Public Office Holders (Declaration of Assets and

Disqualification Act, 1998 (Act 550) describes it as an Act to provide for the declaration

of assets and liabilities by public office holders in conformity with Chapter 24 of the Constitution.

Section 1 of Act 550 provides as follows:

A person who holds a public office mentioned in section 3 of this Act shall submit to the Auditor-General a written declaration of(a) All properties or assets owned by him; and

(b)All liabilities owed by him; whether directly or indirectly.

The declaration shall be made on the form provided in Schedule Il to this Act
It shall be the responsibility of the officers required to make the declaration under this Act to obtain the forms from the office of the Auditor General.
The declaration shall be made by the public officer(a) before taking office;
- at the end of every four years; and
- at the end of the term of his office and shall in any event be submitted not later than 6 months of the occurrence of any of the events specified in this subsection.

Section 7 of Act 550 provides that:

An officer required to declare his assets and liabilities under this Act who(a) without reasonable excuse fails to declare; or

knowingly makes a false declaration contravenes this Part and shall be dealt with in accordance with section 8 of this Act.

Section 8, on Complaints in Respect of Contravention, also provides that:

An allegation that a public officer has contravened or has not complied with a provision of Part 1 of this Act shall be made to the Commissioner for Human Rights and Administrative Justice and in the case of the

Commissioner for Human Rights and Administrative Justice, to the Chief Justice who shall unless the person concerned makes a written admission of the contravention or noncompliance, cause the matter to be investigated.

The Commissioner for Human Rights and Administrative Justice or the Chief Justice may take such action as he considers appropriate in respect of the investigation or the admission.

Section 7(1) (e) of the Commission on Human Rights and Administrative Justice Act, 1993 (Act 456) also provides that:

The functions of the Commission are

(e) to investigate allegations that a public officer has contravened or has not complied with a provision of Chapter Twenty-four (Code of Conduct for Public Officers) of the Constitution.

2.0 THE ALLEGATION

In his complaint filed on 20/11/2025 the Complainant alleged as follows:

SUBMISSION OF FORMAL COMPLAINT PURSUANT TO SECTION 12 OF ACT 456 AND ARTICLE 287 OF THE CONSTITUTION

I respectfully submit herewith a formal complaint filed under Article 287 of the 1992 Constitution, section 12 of the Commission on Human Rights and

Administrative Justice Act, (Act 456). And Regulation 2 of the Commission on Human Rights and Administrative Justice (Investigations Procedure) Regulation, 2010 (C.167)

The complaint concerns serious constitutional and statutory violations arising from the failure or refusal of certain public office holders, comprising board chairpersons and chief executives ofseveral state-owned enterprises, to comply with their mandatory obligations to declare their assets and liabilities under Article 286 of the Constitution and section 1 and 3 of the Public Office Holders (Declaration ofAssets and Disqualification) Act, 1998 (Act 550).

As detailed in the accompanying complaint, these breaches were revealed through a response issued by the Auditor-General to my Right to Information request dated 20 October 2025. Copies of the Auditor-General’s correspondence and supporting documentation are also attached for the Commission’s ease of reference.

Given the constitutional importance of the asset declaration regime as a safeguard against corruption, abuse of office, and conflict of interest, I respectfully urge the Commission to exercise its mandate under Article 287(1) and (2) to investigate these matters and take appropriate action consistent with law, precedent, and the principles of transparency and accountability that underpin public service in Ghana.

Kindly acknowledge receipt of this complaint. I remain available to provide any additional information or clarification that the Commission may require.

Yours faithfully,

Wilberforce Asare

Complainant

The Complainant attached a list of twelve (12) and two (2) public officials occupying positions as Board Chairpersons and Chief Executive Officers respectively of State Institutions against whom the allegations of non- declaration of assets and liabilities as Public Officers have been specifically made. Among the listed Chief Executive Officers alleged to have breached Article 286 (1) and (2) of the 1992 Constitution and section (1) and (4) of Act 550 is the Respondent herein. Complainant further alleged that a Search conducted at the office of the Auditor-General indicates that the Respondent declared his assets and liabilities in his position as a Policy Advisor to the Vice President but not in his current capacity as the Chief Executive Officer of the Ghana Cocoa Board.

Complainant accordingly invoked the mandate of the Commission under Articles 286 and 287 of the Constitution to:

investigate the breaches of Article 286 of the Constitution and Act 550 by the above-listed public office holders;
make a determination on the extent of non-compliance; and
apply sanctions in line with Article 287(2) and in particular, apply the

Commission’s own precedent in Ghana Integrity Initiative v. Adjenim Boateng Adjei & 9 Others (CHRAJ/297/2019), where the Commission disqualified Prof. Douglas Boateng from appointment as Chair or member of any public Board, Council or Commission for a period not less than 2 years, for failing to declare his assets.

3.0 MANDATE OF THE COMMISSION

It is not in doubt that Article 287 supra, on Complaint of Contravention, as well as section 8 of Act 550, give the mandate to investigate allegations of non-compliance or contravention of the provisions of Chapter 24 of the Constitution to the Commissioner for Human Rights and Administrative Justice except of course when the Commissioner is to be investigated to the Chief Justice.

The Commission’s mandate in respect of allegations of contravention of Chapter 24 of the Constitution has received judicial endorsement by the Supreme Court in Okudzeto Ablakwa (No. 2) & Another v. Attorney-General & Obetsebi-Lamptey (No.2) [201212 SCGLR 845. The Court, per Brobbey JSC, held as follows:

“Article 287 mandates that complaints under Chapter 24 of the 1992 Constitution are to be investigated exclusively by the Commission for Human Rights and Administrative Justice…”

In addition, the Supreme Court has held in the case of the Republic vrs High Court (Fast Track Division) Accra, Exparte CHRAJ (Richard Anane, Interested Party) [2007/20081 1 SCGLR 213, that complaints made to the Commission under Chapter 24 ought to be made by an identifiable person, who need not be a victim or interested party.

The instant complaint was made by an identifiable Complainant. Also, the office held by the Respondent has been captured under Article 286(5)(i) of the Constitution. Accordingly, the Commission is satisfied that its mandate has been properly invoked by the Complainant.

4.0 RESPONDENT’S COMMENTS ON THE ALLEGATION

As noted above, Article 287, constrains the Commission to investigate allegations under Chapter 24 only after the Respondent has denied the allegations made against him/her. We reproduce Article 287(1) below:

(1) An allegation that a public officer has contravened or has not complied with a provision of this Chapter shall be made to the Commissioner for Human Rights and Administrative Justice and, in the case of the

It follows therefrom that for the Commission to determine whether the person concerned will admit or deny the allegation against him/her, the Commission has to give the affected person the opportunity to either admit or deny the allegation before proceeding to conduct its investigations, if any. Accordingly, the Commission invited the Respondent to indicate whether he admits or denies the allegations made against him.

In his Comments dated 28 January 2026, the Respondent denied the allegation contained in the complaint. He stated in his comments to the Commission as follows:

“RE: ALLEGATION OF NON-DECLARATION OF ASSETS AND LIABILITIES UNDER ARTICLE 286 OF THE 1992 CONSTITUTION:

REOUEST FOR COMMENTS PURSUANT TO ARTICLE 287

Your letter dated 26^thNovember 2025 on the subject matter above was received on 22^ndJanuary 2026.

I have duly declared my assets and liabilities as the Chief Executive of Ghana Cocoa Board. The official Receipt from the Ghana Audit Service confirming same is attached for your perusal.