The Commission on Human Rights and Administrative Justice (CHRAJ) has urged public officers of the new government, members of the ninth Parliament and all public officers to take immediate steps to apprise themselves of the Code of Conduct for Public Officers and declare their assets in accordance with law before taking office.
The commission further called on the government to take steps to prioritise the passage of the Conduct of Public Officers Bill.
“The concept of administrative justice deals with how administrative bodies and officials exercise public power in a manner consistent with the law establishing them, other laws and the constitution”
Article 23 of the Constitution provides that “Administrative bodies and Administrative Officials shall act fairly and reasonably and comply with requirements imposed on them and persons aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a court or other tribunal,” CHRAJ said in a New Year’s message.
The message, which was signed by the Commissioner of CHRAJ, Joseph Whittal, said as an independent Constitutional body, with the mandate to promote good governance and the rule of law through the performance of its triple mandates, it wished, at the outset through the message to draw the attention of the new government, its appointees, Members of Parliament (MPs) and persons serving in the public service of important governance compliance issues within the commission’s mandate as the country travelled the new year, 2025.
Trust
Public office, it said, was an office of trust and that it established a fiduciary relationship between public officers and citizens.
Thus, CHRAJ added, public officers were expected to uphold integrity and advance the public interest at all times in the exercise of their official functions.
The message said public officials were to eschew all forms of unethical behaviour such as conflict of interest, abuse of power, and corruption.
“Against this expectation, the commission wishes to draw public officers’ attention to the obligations imposed on them under Chapter 24 of the 1992 Constitution titled Code of Conduct for Public Officers,” it said, and that Article 284 stipulated that “A public officer shall not put himself in a position where his personal interest conflicts or is likely to conflict with the performance of the functions of his office.”
A “conflict of interest”, it explained, referred to a situation where a public official’s personal interest conflicted with or was likely to conflict with the performance of the functions of his/her office.
“Closely related to conflict of interest is compliance with Declaration of assets and liabilities under Article 286 (1) of the Constitution and Public Office Holders. (Declaration of Assets and Disqualification) Act, 1998 (Act 550).
“Article 286(1) provides that “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; (b)at the end of every four years; and (c) at the end of its term of office,” it said.
Breaches
As the body with the exclusive jurisdiction to investigate breaches and non-compliance of the provisions of the Chapter 24 code of conduct of the Constitution and as affirmed by the Supreme Court in Ablakwa & Another v. Attorney-General and Another [2012] GHASC 32 (the Jake Obetsebi Lamptey Bungalow Case), it said the commission noted from experience that public officers had either treated the code of conduct with contempt or as in the case of new public officers simply ignorant of same, thereby occasioning all manner of unethical conduct and behaviour.
It said it was worthy to mention that Ghana and other jurisdictions, including Australia and Namibia, had elevated administrative justice from a common law right referred to as the “right to natural justice” to a constitutional/fundamental human right status.
That, it said, was in recognition of the growing influence of the administrative state and its significant implications for the rights of citizens.
“In the celebrated case of Awuni v West African Examinations Council [2003-2004] SCGLR 47, the Supreme Court underscored the constitutional imperative of administrative bodies and officials in observing fair administrative practices in their interactions with the public. Failure to do so would attract consequences for the administrative body and officials,” CHRAJ stated.
The message, therefore, stressed that administrative justice, as a constitutional imperative, should constitute a key guiding principle of the Ghanaian administrative state going forward.
It said as the body charged with oversight under the constitution to conduct administrative review of the decisions, acts and omissions of public institutions and public officials, the commission wished to entreat all public institutions to always ensure the legality and lawfulness of their decisions and actions.
Human rights
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The constitution is anchored on fundamental human rights and freedoms as one of the core values. Ghana has also ratified several international human rights instruments to further demonstrate its resolve to respect, protect and fulfil human rights. The constitution further enjoins the executive, legislature, judiciary and all other organs of government and agencies to uphold and defend human rights. Particularly, Article 12(1) states that “the fundamental human rights and freedoms enshrined in this chapter shall be respected and upheld by the executive, legislature and judiciary and all other organs of government and its agencies,” it said.
Challenges
It said the year 2024 presented the country with challenges as well as opportunities for nation-building and that more specifically, Ghana was once again called upon to demonstrate to the world its democratic credentials through the conduct of the presidential and parliamentary elections.
The outcome of the elections and peaceful transfer of power, it said, demonstrated a growing commitment of the Ghanaian people to democratic ideals.
The elections, it said, also offered the country an opportunity to elect its first female Vice-President, Professor Naana Jane Opoku-Agyemang.
“The commission takes this opportunity to congratulate John Dramani Mahama and the Vice-President on the occasion of their decisive election to the high offices of President and Vice-President respectively of the Republic of Ghana. The commission further congratulates the Rt Hon. Speaker of Parliament, Alban Sumana Kingsford Bagbin, on the occasion of his re-election as Speaker of the ninth Parliament and all the 276 Members elected to the ninth Parliament,” it emphasised.
