The applicant is seeking an order of the court to injunct Mr Kwaning-Bosompem from holding himself as the Controller and Accountant General.
National Democratic Congress (NDC) member of Parliament (MP) for the South Dayi constituency in the Volta Region, Rockson-Nelson Dafeamekpor (the applicant), has instituted a court action against Mr Kwasi Kwaning-Bosompem, the serving Controller and Accountant General of the Republic.
The applicant is essentially seeking an order of the court to injunct Mr Kwaning-Bosompem from holding himself as the Controller and Accountant General while he maintains his candidacy to contest in the New Patriotic Party (NPP) parliamentary primaries for the Akim Swedru constituency.
Contention of the applicant
According to the statement of claim filed by Mr Rockson-Nelson Dafeamekpor, he contends that Mr Kwasi Kwaning-Bosompem officially picked his nomination form to contest in the upcoming NPP primaries on Wednesday, 20 December 2023 at the Akim Swedru Constituency.
After picking up the nomination form to contest in the upcoming New Patriotic Party’s parliamentary primaries, the applicant says that Mr Kwasi Kwaning-Bosompem has failed to relinquish his position as the Controller and Accountant General.
Rockson-Nelson Dafeamekpor further argues that “a civil servant is entitled to his views in political matters, and if so qualified, may vote at elections however any civil servant who wishes to contest in any political activity has to resign from the service”.
Reliefs sought
Having failed to do same, Mr Rockson-Nelson Dafeamekpor says he has been compelled to file the instant action and to seek a total of seven reliefs.
First, a declaration that the defendant, Mr Kwasi Kwaning-Bosompem, is a civil servant and therefore cannot contest in the New Patriotic Party’s parliamentary primaries while holding office as the Controller and Accountant General.
Second, a declaration that a civil servant can only contest in a political party’s parliamentary primaries if that civil servant has resigned from his position as a civil servant.
Third, an order of Interlocutory injunction restraining the defendant from holding himself out as the Controller and Accountant General while he still maintains his candidacy to contest in the New Patriotic Party’s parliamentary primaries to be held on 27 January 2024.
Fourth, an order of Perpetual injunction restraining the Defendant from holding himself out as the Controller and Accountant General while he still maintains his candidacy to contest in the New Patriotic Party’s parliamentary primaries to be held on 27 January 2024.
Fifth, an order directing Defendant to resign from his position as the Controller and Accountant General if Defendant insists on contesting in the New Patriotic Party’s parliamentary primaries to be held on 27 January 2024. Sixth, costs including legal fees, and lastly, any other order(s) as the honourable court will deem just and fit to make.
