Citizen sues President Mahama over appointment of acting GRA Commissioner-General

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A private citizen, Emmanuella Sarfowaah, has filed a lawsuit against President John Dramani Mahama over his appointment of Anthony Kwasi Sarpong as the Acting Commissioner-General of the Ghana Revenue Authority (GRA).

 

The lawsuit, submitted through Attorney General and Minister of Justice, Dominic Akuritinga Ayine, challenges the legality of Mahama’s decision. Sarpong was appointed following the resignation of his predecessor, Julie Essiam, on January 20, 2025. His appointment was based on Article 195(1) of the Constitution and Section 13(1) of the Ghana Revenue Act, 2009 (Act 791).

 

Conflict of Interest Concerns

 

According to court documents obtained by Citi News on Saturday, February 1, Sarfowaah argues that Sarpong’s appointment raises ethical and legal concerns due to his alleged ties to KPMG, where he was listed as a senior partner. She claims his involvement with the international accounting firm creates a conflict of interest, particularly because KPMG has had contractual dealings with the GRA.

 

“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.”

 

Additionally, Sarfowaah contends that Sarpong’s appointment was unlawful because it was made without a Governing Council in place at the GRA.

 

“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.”

 

Seeking the Annulment of Sarpong’s Appointment

 

Sarfowaah is asking the court to overturn Mahama’s appointment of Sarpong, arguing that it violates Ghanaian law.

 

“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.”

 

She is also seeking a court order to revoke the appointment:

 

“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.”

 

Request for an Injunction

 

In addition to challenging the appointment, Sarfowaah is seeking a perpetual injunction to prevent Sarpong from continuing in the role.

 

“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.”

 

She is also requesting an injunction against the GRA’s Governing Council, should it be reconstituted, to prevent it from advising the President on the appointment.

 

“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.”

 

Court’s Next Steps

 

As legal proceedings unfold, the court has directed all defendants to respond within eight days of receiving the lawsuit. The outcome of this case could have significant implications for governance and public sector appointments in Ghana.

 

 

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