Professor Rebuts Andrew Agyapa Mercer on Accountability Claims Following ICE Action on Ken Ofori-Atta

Professor Rebuts Andrew Agyapa Mercer on Accountability Claims Following ICE Action on Ken Ofori-Atta

Renowned constitutional law scholar, Professor Kwaku Azar, has sharply dismissed claims by former Member of Parliament for Sekondi, Andrew Agyapa Mercer, that Ghana’s laws do not require public officers to account for their time in office.

Professor Azar’s response comes in the wake of public debate triggered by reports that the United States Immigration and Customs Enforcement (ICE) has initiated deportation proceedings against Ghana’s former Finance Minister, Ken Ofori-Atta, a development that has reignited national conversations on post-office accountability.

Describing Mr Mercer’s position as constitutionally untenable, Professor Azar argued that the claim reflects a narrow and misleading reading of the 1992 Constitution.

“The mistake is searching for a single sentence instead of understanding the constitutional design,” he said. “Accountability is not an afterthought; it is the entire architecture of the Constitution.”

Probity and Accountability at the Core

Professor Azar pointed to the Constitution’s preamble, which commits the Republic to probity and accountability, stressing that these principles form the moral and legal foundation of Ghana’s democracy. He noted that Article 37(1) obliges the State to establish a social order grounded in these values, rendering public office a position of trust rather than entitlement.

He further referenced Chapter 24, the Code of Conduct for Public Officers, highlighting constitutional prohibitions against conflicts of interest and self-enrichment.

“Ethics is not optional in public service. It is constitutional,” he stressed.

Asset Declaration and Unexplained Wealth

Central to Professor Azar’s argument was Article 286, which mandates asset and liability declarations before assuming office, at regular intervals during tenure, and upon exit. He described this provision as the clearest form of constitutional accounting.

He singled out Article 286(4) as the most overlooked yet decisive clause.

“If a public officer cannot reasonably explain their wealth, the Constitution itself deems it unconstitutional,” he said. “Ignoring this clause does not erase it.”

Institutional and Penal Accountability

Professor Azar also outlined the enforcement mechanisms embedded in the Constitution, including the powers of the Auditor-General to audit, disallow, and surcharge public officers, making them personally liable for financial losses to the State.

He added that CHRAJ, together with criminal statutes on abuse of office and causing financial loss, provides a clear legal pathway for investigation and prosecution.

Elections, Media, and Citizens as Accountability Tools

Rejecting claims that post-office scrutiny amounts to political witch-hunting, Professor Azar described elections as a constitutional accountability mechanism, noting that political power does not confer perpetual immunity.

“Power rotates. Protection expires,” he said, adding that this explains the persistence of anti-corruption slogans across political regimes.

He further defended media scrutiny, citing Article 162(5), which mandates the media to uphold government accountability, and Article 240, which enshrines citizen participation in local governance as a safeguard against abuse.

On the Ofori-Atta Deportation Debate

While refraining from commenting on the substance of the ICE proceedings involving Mr Ofori-Atta, Professor Azar observed that international law enforcement interest often reflects unresolved accountability questions at the domestic level.

“When internal accountability mechanisms are weak or delayed, external systems sometimes step in,” he noted.

Conclusion

Professor Azar concluded with a stern reminder to public office holders and their defenders:

“If anyone asks where the law requires public officers to account, the answer is simple: everywhere. Public office is stewardship, not a licence to loot. And sooner or later, every steward must account.”

He ended with a brief Akan postscript underscoring public resolve to sustain scrutiny, insisting that accountability is not an academic debate but a constitutional obligation owed to the people of Ghana.

Da yie.