John Mahama Sued Over GRA Boss Appointment
Emmanuella Sarfowaah, a private citizen, has filed a lawsuit against President John Dramani Mahama, challenging his decision to appoint Anthony Kwasi Sarpong as the Acting Commissioner-General of the Ghana Revenue Authority (GRA).
The legal action, lodged through Attorney General and Minister of Justice, Dominic Akuritinga Ayine, questions the legitimacy of Mahama’s appointment of Sarpong.
Sarpong assumed the role of Acting Commissioner-General on January 20, 2025, after the resignation of Julie Essiam. Mahama based the appointment on Article 195(1) of the Constitution and Section 13(1) of the Ghana Revenue Act, 2009 (Act 791). However, Sarfowaah disputes the appointment, alleging that it raises serious ethical and legal concerns.
A Court documents, which surfed online on Saturday, February 1st, 2025, revealed that Sarfowaah challenged the appointment because Sarpong remains a senior partner at KPMG, an international accounting firm. She claims that his continued association with KPMG could create a conflict of interest, as it would be improper for someone with ties to a foreign firm to hold such a high position in the GRA.
In her writ of summons, Sarfowaah pointed out that as of January 26th, 2025, Sarpong’s name was still listed on the KPMG website as a senior partner, a position that, according to KPMG’s website, is equivalent to the firm’s Chief Executive Officer. She further claims that KPMG has had contractual relationships with the GRA, some of which have involved Sarpong as a senior partner until January 21st, 2025.
“The Plaintiff says that the 1st Defendant before the letter was, and/or still is (the website of KPMG as of 26th January 2025 still listed the 1st Defendant as such), the Senior Partner of KPMG (a foreign accounting firm practicing in Ghana), with ‘Senior Partner’ being defined by the website of KPMG as the Chief Executive Officer of the firm,” parts of the writ of summons read.
Sarfowaah also argues that Sarpong’s appointment is unlawful because the GRA did not have a Governing Council at the time of his appointment. According to her, the GRA, as a statutory body, requires the advice of its Governing Council before the President can make such an appointment. She states that as of January 21, 2025, the GRA lacked a Governing Council, which she claims violates the legal procedure for appointing a Commissioner-General.
“The Plaintiff says that the 2nd Defendant, the Ghana Revenue Authority, had no Governing Council as of 21st January 2025,” the writ continues. “The Plaintiff adds that KPMG has or has had a number of FEE-PAYING contractual working relationships with the 2nd Defendant, with the 1st Defendant as its Senior Partner at least until 21st January 2025 or thereabout.”
According to the plaintiff, the absence of the Governing Council renders Mahama’s decision invalid, as the President must consult the Council before making such an appointment, in compliance with the law.
Sarfowaah seeks the court’s intervention to overturn Mahama’s appointment of Sarpong, asserting that it violates the laws of Ghana. The plaintiff requests a ruling that declares Sarpong’s appointment unlawful because it disregards the legal requirements, particularly regarding his connections to KPMG and the lack of a Governing Council at the GRA.
“The plaintiff claims further or in the alternative, a finding that the appointment of the 1st Defendant, a former employee of KPMG and/or a person with an interest in KPMG or a person who had an interest in KPMG until 21st January 2025, by the President of the Republic of Ghana as the Acting Commissioner-General of the GRA is unlawful as it was made in violation of the laws of Ghana,” the writ states.
Additionally, Sarfowaah is seeking an order to revoke Sarpong’s appointment as Acting Commissioner-General and to prevent future appointments of individuals with similar interests in KPMG. The plaintiff also demands an injunction to stop Sarpong from continuing in the role.
“A perpetual injunction order against the President of the Republic of Ghana restraining him or any person acting by his authority from appointing the 1st Defendant, a former employee of KPMG and/or a person with an interest in KPMG or a person who had an interest in KPMG, as the Acting and/or the Commissioner-General of the GRA,” the writ says.
Furthermore, the plaintiff seeks an injunction against the GRA’s Governing Council, preventing them from offering advice on Sarpong’s appointment. The injunction would prevent the Council or anyone acting on its behalf from recommending or advising Mahama on appointing Sarpong as the Commissioner-General.
The court has instructed all defendants to submit their responses within eight days of receiving the suit as the case progresses.
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