Appointment of new GRA Boss dragged to court

A private citizen, Emmanuella Sarfowaah, has dragged the President of Ghana, John Dramani Mahama, through the Attorney General and Minister of Justice, Dr. Dominic Akuritinga Ayine, to court over his appointment of Anthony Kwasi Sarpong as the Acting Commissioner-General of the Ghana Revenue Authority (GRA).

The suit, from court documents, shows that Sarfowaah’s case is in challenging the legality of Mahama’s appointment of Kwasi Sarpong.

According to the writ of summons from the High Court, it lists President John Dramani Mahama, through the Attorney General (3rd Defendant), Anthony Kwasi Sarpong (1st Defendant), and the GRA (2nd Defendant) as defendants in the case.

The plaintiff, through her writ, is raising concerns about an alleged conflict of interest in the president’s appointment of Kwasi Sarpong as Acting Ghana Revenue Authority Commissioner-General.

Sarfowaah argues that Kwasi Sarpong still holds an interest in KPMG, where he is listed as a senior partner, and that his appointment as GRA boss raises serious concerns.

Also, the plaintiff raised concerns about the procedure involved in the appointment of a Commissioner-General of the GRA, which, in this case, she said was without the existence of a Governing Council, describing it as illegal.

“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.

“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. The Plaintiff says that the 2nd Defendant had no Governing Council as of 21st January 2025. The Plaintiff says 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 reads.

The private citizen has, therefore, asked the court to revoke President Mahama’s appointment of Kwasi Sarpong as the Acting Commissioner-General of the Ghana Revenue Authority.

“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 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,” part of the document reads.

Also, the plaintiff is requesting an injunction against President John Dramani Mahama’s appointment of Kwasi Sarpong.

“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 added.

As the court process continues, the court has requested for all defendants to file their defenses within eight days of receiving the suit.

It will be recalled that Anthony Kwasi Sarpong was appointed the Acting Commissioner-General of the Ghana Revenue Authority following the resignation of the former Commissioner-General, Julie Essiam, on January 20, 2025.

His appointment was in accordance with Article 195(1) of the Constitution and Section 13(1) of the Ghana Revenue Act, 2009 (Act 791).