According to private legal practitioner Martin Kpebu, the assertion by Bryan Acheampong, owner of Rock City Hotels Limited and MP for Abetifi Constituency, suggesting that he is a non-executive director of his hotel does not absolve him from constitutional breaches.
He insisted that the Abetifi lawmaker required the Speaker of Parliament’s certificate of approval before engaging in any profit-making venture, a position earlier dismissed by Mr Bryan Acheampong in a media interview.
The Abetifi MP and Minister for Food and Agriculture maintained that he is a non-executive director of his Rock City company and only a shareholder.
Contributing to the discussions on the sale of SSNIT’s stake in four hotels to Bryan Acheampong’s Rock City Hotels Limited on The Key Points on Saturday, May 25, Mr Kpebu said per the current laws of Ghana, the Agric Minister’s assertion is “neither here nor there.”
“Not at all under our current constitutional dispensation,” Kpebu retorted as to whether the Minister’s assertion suffices.
“Let’s even make this clear, he need not even be a director before the conflict of interest rule will catch him. The whole concept of conflict of interest is not tied to only the position. It’s about whether a specific conduct the public officer is engaged in for his personal interest conflicts with the official interest he’s supposed to guard, the public trust repose in him,” he explained.
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He emphasized that “it is not about the position as a director,” stressing that conflict of interest case becomes apparent in the event where the Minister’s name is captured on the company records that he is a director.
“He [Bryan Acheampong] saying that he is just a [non-executive] director, is still the same thing, it’s neither here nor there, the position director…when you take the Company Act, Act 992 and it’s always been the same even under the old companies code, etc. Directors are responsible for formulating policies for the company,” he argued.
SSNIT says Rock City Hotels offered the best price
Meanwhile, the Social Security and National Insurance Trust (SSNIT), in response to the allegations by North Tongu Member of Parliament Samuel Okudzeto Ablakwa, said, among other things, that Rock City Hotels Limited presented the best offer for the purchase of SSNIT’s 60% stake in each of the four hotels.
“Based on the criteria set out in the RFP, Rock City Hotel submitted the best and strongest technical and financial proposal amongst those received. Consequently, it is in negotiation with SSNIT to buy a 60% stake in each of the four (4) hotels ( Labadi Beach Hotel, La Palm Royal Beach Resort, Ridge Royal Hotel and Elmina Beach Resort),” SSNIT said in its May 19 press statement.
Ablakwa petitions CHRAJ over sale of SSNIT hotels
Mr Ablakwa has filed a petition requesting an investigation into several charges, including conflict of interest, misuse of authority, violation of due process, procurement violations, cronyism, and graft. He cites Articles 78(3) and 98(2) of the 1992 Constitution, highlighting what he believes are violations of these constitutional provisions.
According to Mr. Ablakwa, these actions constitute serious breaches of law and morality.
In a May 17 post on his Facebook page, the North Tongu legislator further alleged that Mr Bryan Acheampong violated parliamentary protocol by purportedly being involved in the sale of the hotels without obtaining the Speaker of Parliament’s consent.
The post Sale of SSNIT’s stake in hotels: Bryan Acheampong’s assertion that he is non-executive director is neither here nor there – Kpebu first appeared on 3News.
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