CPAG Charges EC To Publish Audited Accounts Of Political Parties

Common Purpose Alliance Ghana (CPAG) has issued a communiqué to the Electoral Commission (EC) calling on the EC to exercise its powers in respect of the declaration of assets, liabilities, and audited accounts by political parties.

Below is the detailed communique.

REQUEST FOR THE ELECTORAL COMMISSION TO PUBLISH AND FURNISH A COPY TO CPAG WITH RESPECT TO THE DECLARATION OF ASSETS, EXPENDITURE, LIABILITIES, AND AUDITED ACCOUNTS BY POLITICAL PARTIES.

Date: 24th November 2020

Introduction:

Common Purpose Alliance Ghana (CPAG) and its entire membership wish to call on the Electoral Commission of Ghana (EC) to publish the audited accounts of all political parties immediately. We are compelling the EC to exercise its regulatory powers over political parties as envisioned by the 1992 Constitution and the Political Parties Law, Act 574, (2000), and publish THE DECLARATION OF ASSETS, EXPENDITURE, LIABILITIES, AND AUDITED ACCOUNTS BY POLITICAL PARTIES, which EC should have received by the 16th November 2020, which is exactly within twenty-one days to the 7th December 2020 general election, as stipulated by section 14 (1) to (4) of the Political Parties Act 574, which requires all Political Parties to submit within twenty-one days before a general election a statement of its assets and liabilities to the Commission in such a form as the Commission may direct.

CPAG expects that all political parties have declared and submitted their assets, expenditure, liabilities, and audited accounts, by the 16th November 2020 in line with the law to the EC to publish for the benefit of the good people of Ghana. We refer specifically to Part II: Operation of Political Parties, sections 13 & 14 of the Act which deals with declaration of assets and expenditure by political parties, and declaration of assets, liabilities, and expenditures in relation to elections. CPAG members make this call inline with our objective to help promote transparency and accountability, and good governance in Ghana’s 4th republic democratic dispensation.

Under the 1992 constitution of Ghana and Act 574, all political parties are under obligation to run their internal organisation in conformity with democratic principles, and their actions and purposes shall not contravene or be inconsistent with the constitution or the Act. Article 55 (14) (a) & (b) of the Constitution demands all political parties to declare to the public their revenues and assets and sources of those revenues and assets, and to publish to the public annually their audited accounts.

Further, Section 13 of Act 574 enjoins all Political Parties to submit to the Commission within thirty days after the issue to it a final certificate of registration under section 11 or such longer period as the Commission may allow, a written declaration giving details of all its assets and expenditure including contributions or donation in cash or in-kind made to the initial assets of the Political Party.

Also, all parties shall state the sources of funds and other assets of the Political Party. The Commission is enjoined by law to cause such declarations to be published in the Gazette within thirty days of its receipt. Sections 13 (6) (a) & (b) of the law further states in clear and unambiguous language that any Political Party which refuses or neglects to comply with the provisions of the law or submits a declaration which is false in any material particular, may have its registration cancelled by the Commission.

Again, Sections 14 (a) & (b) of the law stipulates that the Commission may cancel the registration of any Political Party which refuses or neglects to comply, or submits a statement which is false in any material particular.

It is clear that the purpose of Article 55 of the Constitution, as well as Sections 13 and 14 of Act 574, is to ensure that there is transparency and accountability in the organisation and conduct of Political Parties, and also to ensure that Political Parties are not funded through illegal sources and by individuals who engage in illegal businesses. For all intends and purposes, the Constitution and Act 574 are safeguards against any act or conduct which may potentially breed political corruption.

What is utterly impermissible under the Constitution and most especially Act 574 is the blatant disregard of the law by Political Parties since 1992. More worrying is the fact that the Commission has failed to call the errant Political Parties to order, and has in gross dereliction of duty failed to exercise its powers to cancel the registration of such Political Parties. This open defiance of the law continues unabated year in year out while the Commission looks on helplessly. In the light of this, we find it curious and rather worrying that the Commission is not pushing for the full implementation of Article 55 (a) and (b) of the Constitution, and Sections 13 and 14 of Act 574. CPAG and most Ghanaians are not aware of a single instance in which a Political Party’s registration has been revoked by the Commission for non-compliance.

Demand for Action:

By this communiqué, CPAG accordingly demands that within seven days, the Commission confirm receipt of all the declarations and audited accounts of all Political Parties as the Constitution and Act 574 anticipate. In a similar fashion, we demand that the commission fully publish all such declarations and audited accounts. If any Political Party is found to have violated the law, we demand that the Commission exercises its powers and accordingly cancels the registration of such Political Parties.

Finally, we demand the Commission in concert with the relevant state agencies to take all steps practical to investigate all Political Parties and their sources of funding over the past decade.

By this communiqué, CPAG puts you on notice, that a failure by the Commission to comply with the demands above will constitute a refusal to act, which we shall contend, is a manifest dereliction of your duties as a Commission. Take notice, and notice is hereby served, that CPAG shall take all available legal options to compel the Commission and Political Parties to respect the Constitution and Act 574.

Please acknowledge receipt of this communiqué. Thank you.

SIGNED:

YK A. Ansah-Yeboah

Founding Leader/President, CPAG.