President John Dramani Mahama is being sued by Emmanuella Sarfowaah, a private individual, for appointing Anthony Kwasi Sarpong as the Ghana Revenue Authority’s (GRA) acting commissioner-general.
The lawsuit, filed through Dominic Akuritinga Ayine, the Attorney General and Minister of Justice, contests Mahama’s authority to name Sarpong to the post.
After his predecessor, Julie Essiam, resigned on January 20, 2025, Sarpong was named Acting Commissioner-General. Section 13(1) of the Ghana Revenue Act, 2009 (Act 791) and Article 195(1) of the Constitution served as the foundation for his appointment.
Citing worries about a possible conflict of interest, Sarfowaah is challenging the appointment, according to court records seen by Citi News on Saturday, February 1.
She argues that Sarpong still holds an interest in KPMG, where he is listed as a senior partner, and that his appointment to head the GRA raises serious ethical and legal questions. Furthermore, she claims that appointing a Commissioner-General in the absence of a Governing Council is unlawful.
“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.
“ Plaintiff says that the 2nd Defendant, the Ghana Revenue Authority, had no Governing Council as of 21st January 2025. 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,” parts of the writ of summons read.
“The 2nd Defendant is a statutory body with a Governing Council that must provide advice before the President of the Republic of Ghana can appoint a Commissioner-General of the 2nd Defendant in a substantive or acting capacity.”
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Sarfowaah is asking the court to overturn Mahama’s appointment of Sarpong, arguing that it violates the law.
“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.
“An order revoking 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, by the President of the Republic of Ghana as the Acting Commissioner-General of the GRA,” the document states.
In addition, the plaintiff is seeking an injunction to prevent Sarpong’s continued appointment.
“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.
“Further or in the alternative to relief e), a perpetual injunction order against the Governing Council of the 2nd Defendant restraining the Council or any person acting by its authority from considering and/or proffering advice to the President of the Republic of Ghana as stipulated under Article 195 of the 1992 Constitution in respect of 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, as the Acting and/or the Commissioner-General of the GRA,” it adds.
As the case proceeds, the court has directed all defendants to submit their responses within eight days of receiving the suit.
