Emmanuella Sarfowaah, a private citizen, has filed a lawsuit against President John Dramani Mahama over the appointment of Anthony Kwasi Sarpong as Acting Commissioner-General of the Ghana Revenue Authority.
President John Dramani Mahama appointed Mr. Sarpong as Acting Commissioner-General following the resignation of his predecessor, Julie Essiam, on January 20, 2025.
The Office of the President said the appointment was based on Article 195(1) of the Constitution and Section 13(1) of the Ghana Revenue Act, 2009 (Act 791).
The plaintiff in his suit claimed that Sarpong still holds an interest in KPMG, where he is listed as a senior partner, and that his appointment to head the GRA raises serious ethical and legal questions.
She argues that appointing a Commissioner-General in the absence of a Governing Council is a breach of the constitution.
“The Plaintiff says that the 1st Defendant before the letter was, and/or still is (the website of KPMG as of 26th January 2025 still listed the 1st Defendant as such), the Senior Partner of KPMG (a foreign accounting firm practicing in Ghana), with ‘Senior Partner’ being defined by the website of KPMG as the Chief Executive Officer of the firm.
“The Plaintiff says that the 2nd Defendant, the Ghana Revenue Authority, had no Governing Council as of 21st January 2025. The Plaintiff adds that KPMG has or has had a number of FEE-PAYING contractual working relationships with the 2nd Defendant, with the 1st Defendant as its Senior Partner at least until 21st January 2025 or thereabout,” parts of the writ of summons read.
“The 2nd Defendant is a statutory body with a Governing Council that must provide advice before the President of the Republic of Ghana can appoint a Commissioner-General of the 2nd Defendant in a substantive or acting capacity.”
The suit further said “The plaintiff claims further or in the alternative, a finding that the appointment of the 1st Defendant, a former employee of KPMG and/or a person with an interest in KPMG or a person who had an interest in KPMG until 21st January 2025, by the President of the Republic of Ghana as the Acting Commissioner-General of the GRA is unlawful as it was made in violation of the laws of Ghana.
“An order revoking the appointment of the 1st Defendant, a former employee of KPMG and/or a person with an interest in KPMG or a person who had an interest in KPMG, by the President of the Republic of Ghana as the Acting Commissioner-General of the GRA,” the document states.
“A perpetual injunction order against the President of the Republic of Ghana restraining him or any person acting by his authority from appointing the 1st Defendant, a former employee of KPMG and/or a person with an interest in KPMG or a person who had an interest in KPMG, as the Acting and/or the Commissioner-General of the GRA.
“Further or in the alternative to relief e), a perpetual injunction order against the Governing Council of the 2nd Defendant restraining the Council or any person acting by its authority from considering and/or proffering advice to the President of the Republic of Ghana as stipulated under Article 195 of the 1992 Constitution in respect of the appointment of the 1st Defendant, a former employee of KPMG and/or a person with an interest in KPMG or a person who had an interest in KPMG, as the Acting and/or the Commissioner-General of the GRA,” it adds.
By: Rainbowradioonline.com/Ghana
