It has been reported that the President of Ghana undertook an official foreign trip using a private jet belonging to a company owned by his younger brother.

The information presently available suggests that the aircraft was provided at no cost to the State of Ghana except for the payment of fuel and landing charges associated with the trip.

The arrangement has generated public debate, with some commentators raising concerns about a possible conflict of interest.

Conflict of interest in Ghana’s constitutional framework is governed by Article 284 of the Constitution of Ghana, which provides 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.”

In the present circumstances, the President could arguably be said to have a personal interest if he owned shares in his brother’s company, served as a director of that company, or otherwise stood to benefit financially from the arrangement. In the absence of such facts, it may be legally incorrect to attribute a personal interest to him merely because the aircraft belongs to his brother or to a company owned by his brother.

A familial relationship, without more, does not automatically satisfy the constitutional requirement of personal interest under Article 284.

Whether any other legal or ethical issues arise would depend on additional facts, including the nature of the arrangement and the processes by which the aircraft was made available for the trip.

Public debate on matters of governance is both healthy and necessary. However, where constitutional violations are alleged, it is important that the discussion remains anchored to the actual language of the Constitution and the legal standards it establishes.

By: Emmanuel Adabayeri, a private legal practitioner.