The Commission on Human Rights and Administrative Justice (CHRAJ) has urged the government to prioritise the passage of the Conduct of Public Officers Bill.
Similarly, the commission also called on 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.
“It establishes a legal relationship between public officers and citizens, thus, public officers are expected to uphold integrity and advance the public interest at all times in the exercise of their official functions.”
“Public officials are 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 (the Constitution) titled ‘CODE OF CONDUCT FOR PUBLIC OFFICERS,’ CHRAJ said in a New Year’s message.
The message, which was issued and signed by the Commissioner of CHRAJ, Joseph Whittal on January 16, 2025, stated that 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 to the new year, 2025.
It said 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 explained.
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, it indicated that the commission wished to entreat all public institutions to always ensure the legality and lawfulness of their decisions and actions.
“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 statement added.