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A Senior law lecturer at the Ghana Institute of Management and Public Administration (GIMPA) has faulted the conflict of interest claim against Attorney General Dr Benjamin Kunbuor by a civil society group, the Centre for National Affairs.
If anything, Kofi Abotsi is convinced Dr Kunbuor would rather be liable for breach of morality rather than conflict of interest.
The Centre for National Affairs dragged the A-G to the Supreme Court accusing him of being in a confict of interest situation; he having been indicted by a police report claiming that he faked an assassination attempt on himself.
Dr Kunbour in 2010 lodged a complaint with the police about an attempt on his life but the police report after investigations suggests the Attorney General faked the assassination attempt.
A Senior Policy Analyst at the Centre for National Affairs, Rocky Obeng told Joy News Dr Kunbuor is guilty of misconduct and cannot hold himself out as a minister.
The group says the action by the minister contravened Article 284 of the constitution which says “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” and is therefore asking the Supreme Court to interpret the violation of the law vis-à-vis his continued stay in office.
But speaking to Joy News, Kofi Abotsi said he has difficulty appreciating how Dr Benjamin Kunbour can be said to be in a conflict of interest situation.
“I fail to see what the conflict of interest issue is in this case. It does seem to me that the claim by the applicant specifically rests in the area of the minister having become ineligible to continue in office as a minister on grounds of the fact that he had acted in a manner not consistent with the public officer’s conduct,” he stated.
He said to be a minister, the requirement is specifically stated in the constitution, which requires the minister to be of high moral standing.
“It seems to me that their claim is that on the basis of the findings of the police the minister probably had acted in a manner which is considered dishonest and by reason of that they claim that the minister may not be qualified to continue being in office.
“I do not see how conflict of interest comes in this particular scenario at all," he stated.
He explained the claim of conflict of interest was clearly and unambiguously defined in the constitution: “A claim of conflict of interest must establish that you have an interest which is opposed to your interest as a public official; you have a private interest which is opposed to your public interest.
He said in Dr Kunbour’s case, there were no such conflicts of interest.
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