P.N.D.C.L. 280

SETION

1. Specified public and other office holders to declare assets.
2. Assets declaration to be periodically reviewed.
3. P.N.D.C appointees to declare assets.

PART II – INELIGIBILITY TO HOLD OFFICE

4. Certain persons ineligible to hold public office.
5. Time when ineligibility commences.
6. Status of finding vis-à-vis Government White Paper.
7. Ineligibility to include convicted persons.

PART III – GENERAL PROVISIONS

8. Complaints against declared assets.
9. Repeals.
10. Interpretation

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SCHEDULE

PUBLIC AND POLITICAL PARTY OFFICE HOLDERS (DECLARATION OF ASSETS AND ELIGIBILITY) LAW, 1992

In pursuance of the Provisional National Defence Council (Establishment) Proclamation, 1981 this Law is hereby made:

PART I – DECLARATION OF ASSETS

1. (1) A person is not eligible –
(a) to be elected or appointed to any of the public offices specified in the First Schedule to this Law; or

(b) to be elected or appointed a principal office holder of a political party,

Unless he has completed and submitted a written declaration of all property or assets owned by him, directly or indirectly, on a questionnaire provided for the purpose by the Auditor-General or the Interim National Electoral Commission.

2. The written declaration referred to in subsection (1) of this section shall be submitted –

(a) in respect of a public office specified in the First Schedule, to the Auditor-General; or
(b) in the case of a principal office holder of a political party, to the Interim National Electoral Commission within thirty days of the election to the office.

3. The Auditor-General or the Interim National Electoral Commission as appropriate shall cause to be published in the Gazette the declaration submitted under subsection (2) of this section within fourteen days of its receipt.
4. The Chairman and members of the Interim National Electoral Commission and the Auditor-General shall make written declarations of their property or assets to the Council.

2. (1) A person required to declare his property or assets under section 1 of this Law shall be further required to declare his assets and liabilities in the same manner as under section 1 –
(a) at the end of every two years and
(b) at the end of his term of office.

(2) Assets declared under this section shall be published in the Gazette within fourteen days of submission.
3. (1) A person who has held an office specified in the Second Schedule to this Law at any time since the 31st day of December 1981 shall declare his property or assets in respect of the period he held office including the date on which he ceases to hold office to he Auditor-General.

(2) Where a person to whom subsection (1) applies ceases to hold office before the 7th day of January 1993 or has ceased to hold office, the declaration shall be made in respect of the period he held office including the date on which he ceases or ceased to hold office.
(3) Assets declared under this section shall be published by the Auditor-General within fourteen days of submission.
(4) Any person who willfully fails to declare his assets in contravention of subsection (1) or (2) of this section commits an offence and is liable on conviction to a fine not exceeding ¢1,000,000.00 or to imprisonment not exceeding two years or to both.

PART II – INELIGIBILITY TO HOLD PUBLIC OFFICE

4. (1) A person shall not be eligible to be elected to or appointed to any of the public offices specified in the First Schedule to this Law or to be elected or appointed as a principal office holder of a political party if he is a person in respect of whom a Commission or Committee or Enquiry, the National Investigations Committee or the Office of Revenue Commissioner in this Law referred to as a “competent authority” has found that he, while holding a public office –

(a) acquired any assets unlawfully; or
(b) defrauded the State; or
(c) misused or abused his office; or
(d) willfully and dishonestly or corruptly acted in a manner prejudicial to the interest of the State; or
(e) willfully acted in a manner which a reasonable person in his position having regard to all the circumstances ought to have known to be prejudicial to the interests of the State.

(2) In this section, the expression “public office” in relation to which the finding must have been made means –

(a) an office or State or Government or in any capacity whatsoever the remuneration or emoluments attached to which are paid from funds provided by the Government or Parliament;
(b) an office in any statutory corporation or board established by or under any enactment;
(c) an office in a company in which the Government or a statutory corporation has shares; and
(d) the office of Member of Parliament and Member of a District assembly or other local authority established by law.

(3) The dispensation granted under subsection (2) of this section shall not apply to a person seeking office as President or Vice President under the Constitution or under the law on Presidential elections in force immediately before the coming into force of the Constitution.

PART III – GENERAL PROVISIONS

8. (1) An allegation that a person has made a false declaration in his assets published under this Law may be lodged with the Ombudsman.

(2) The Ombudsman shall, on receipt of a complaint under subsection (1), cause the matter to be investigated and shall, where he finds that a false declaration has been willfully made by the declarant, rule that the person is ineligible to be elected to or appointed to a public office specified in the First Schedule to this Law or to be elected or appointed as a principal office holder of a political party and may take such further action as he considers appropriate in respect of the results of the investigation.

9. The following enactments are hereby repealed –

(a) the Elections and Public Offices (Disqualification) Decree, 1979: (S.M.C.D. 224); and
(b) the Standing Investigation of Assets and Other Matters Commission Decree, 1979 (S.M.C.D 225).

10. In this Law unless the context otherwise requires –

“assets” includes liabilities and includes also the assets and liabilities of a spouse;

“Commission” means the Interim National Electoral Commission established under the Interim National Electoral Commission Law, 1991 (P.N.D.C.L 271);

“Constitution" means the Interim National Electoral Commission approved at the Referendum held on 28th April 1992;

“Council” means the Provisional National Defence Council;

“Principal office holder of a political party” means the national chairman, the leader, general secretary or equivalent designation, the national treasurer of the party, and the other members of the national executive of the political party.

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PUBLIC AND POLITICAL PARTY OFFICE HOLDERS (DECLARATION OF ASSETS AND ELIGIBILITY) LAW, 1992

FIRST SCHEDULE

(a) President;
(b) Vice President;
(c) Minister;
(d) Deputy Minister;
(e) Regional Minister or Deputy Regional Minister;
(f) District Chief Executive;
(g) Commissioner for Human Rights and Administrative Justice;
(h) Speaker or Deputy Speaker or member of the National Assembly or Parliament;
(i) Clerk or the National Assembly or Parliament;
(j) Presiding Member or Chairman, Member, or Secretary of a Metropolitan, Municipal or District Assembly;
(k) Ambassador or High Commissioner of Ghana to any other country or Permanent Representative of Ghana to the United Nations;
(l) Chairman, Member or Secretary of the governing body of, or Managing Director (or similar administrative head) of a statutory corporation of any Board appointed by the Government;
(m) Chairman, Member or Secretary of the governing body of, or the Managing Director (or similar administrative head) of any company in which the Government or a statutory corporation has shares or a firm in which the Government or a statutory corporation has financial interest;
(n) Head or Deputy Head of the Civil Service, the Public Services Commission or of any other Public Service in Ghana;
(o) A Chief Director or Director or Senior Principal Secretary or Principal Secretary or other similar officer howsoever called in the Civil or Public Service;
(p) The Head or Deputy Head of any Department in the Civil Service or in any other Public Service in Ghana; and
(q) A Judge of the Superior Court of Judicature or Chairman of a Regional Public Tribunal or Member of the Judicial Service other than an executive officer in the Judicial Secretary.

PUBLIC AND POLITICAL PARTY OFFICE HOLDERS (DECLARATION OF ASSETS AND ELIGIBILITY) LAW, 1992

SECOND SCHEDULE

(a) Provisional National Defence Council Chairman;

(b) Provisional National Defence Council Member;

© Provisional National Defence Council Secretary;

(d) Provisional National Defence Council Deputy Secretary or Under Secretary;

(e) Provisional National Defence Council Regional Secretary or Provisional National Defence Council Deputy Regional Secretary or Under Secretary;

(f) Provisional National Defence Council Metropolitan, Municipal or District Secretary;

(g) Ambassador or High Commissioner of Ghana to any other country or Permanent Representative of Ghana to the United Nations;

(h) Chairman, Member or Secretary of the governing body of, or Managing Director (or similar administrative head) of a statutory corporation or of any Board appointed by the Government;

(i) Chairman, Member or Secretary of the governing body of, or Managing Director (or similar administrative head) of a of any company in which the Government or a statutory corporation has shares or a firm in which the Government or statutory corporation has a financial interest;

(j) Head or Deputy Head of the Civil Service, the Public Services Commission or of any other Public Service in Ghana;

(k) Chief Director or Director or Senior Principal Secretary or Principal Secretary or other similar office howsoever called in the Civil or Public Service;

(l) Head or Deputy Head of any Department in the Civil Service or in any other Public Service in Ghana; and

(m) a Judge of the Superior Court of Judicature or Chairman or member of –

(i) the National Public Tribunal;
(ii) a Regional Public Tribunal;
(iii) the office of Revenue Commissioners;
(iv) a Regional Office of the Revenue Commissioners;
(v) the National Investigations Committee;
(vi) a Regional Office of Confiscated Assets Committee;
(vii) the State Houses (Allocation, Policy and Implementation) Committee.

Made this 8th day of May 1992.

FLT-LL. JERRY JOHN RAWLINGS
Chairman of the Provisional National Defence Council

Date of Gazette notification: 15th May, 1992.

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