Supreme Court Abolishes Six-Month Grace Period for Asset Declaration

Ghana's Supreme Court has ruled that the six-month grace period allowing public officers to declare their assets after assuming office is unconstitutional. The court emphasized that asset declarations must be submitted before taking office, as mandated by the 1992 Constitution.

Background

On March 20, 2026, the Supreme Court delivered a ruling in response to a constitutional action filed by Mensah Thompson, Executive Director of the Alliance for Social Equity and Public Accountability (ASEPA). The case challenged the six-month window under Section 1(4) of the Public Office Holders (Declaration of Assets and Disqualification) Act, 1998 (Act 550), arguing it conflicted with Article 286 of the 1992 Constitution.

Court's Decision

The court held that the statutory grace period cannot override the constitutional requirement, making pre-appointment declaration a strict and immediate precondition for taking office. This decision renders unconstitutional the conduct of officeholders who used the grace period to delay or avoid their accountability obligations.

Implications

The ruling has immediate and far-reaching implications for public officers who have not complied with the pre-appointment declaration requirement. It also raises questions about the legal status of decisions made by officials who assumed office without prior declaration and whether their acts in office can be challenged.

Conclusion

The Supreme Court's decision reinforces Ghana's anti-corruption framework by ensuring that public officers adhere to constitutional mandates regarding asset declaration. It serves as a reminder of the importance of transparency and accountability in public service.