Legal Challenge Arises as Ofori-Atta Faces Lawsuit Over Alleged Unconstitutional Establishment of Ghana Financial Stability Fund
In a noteworthy legal development, Mahama Ayariga, the Opposition MP for Bawku Central, has taken Finance Minister Ken Ofori-Atta to task over what he alleges is an “unconstitutional” approach in establishing the Ghana Financial Stability Fund (GFSF). This move by Ayariga, known for his outspoken stance, adds another layer of complexity to the ongoing debate surrounding the government’s financial operations.
Ayariga’s legal action, filed on November 15, challenges the constitutionality of the GFSF. The crux of his argument lies in the alleged violation of the 1992 Constitution of Ghana. According to Ayariga, Ofori-Atta’s initiation of the fund without proper parliamentary scrutiny raises constitutional concerns, echoing the principles set forth in Ghana’s foundational legal document.
Ken Ofori-Atta established the GFSF with the primary aim of mitigating the impact of the government’s debt operation within the financial sector. The fund, as announced by the Ministry in October, is set to receive a substantial injection of $500 million as seed capital. This controversial financial mechanism seeks to provide solvency and liquidity support to the financial sector, addressing the economic challenges posed by the government’s debt-related activities.
Ayariga’s legal petition seeks various reliefs, with a key demand being a declaration that the GFSF is both illegal and unconstitutional. This legal maneuver underscores the deep-seated concerns the Opposition MP has regarding the Finance Minister’s handling of the fund. Furthermore, Ayariga is urging the Supreme Court to compel Ofori-Atta to present the GFSF to Parliament for a thorough examination, aligning with democratic principles.
In an unconventional move, Mahama Ayariga has extended the battleground beyond national borders. He has submitted a petition to both the World Bank and the International Monetary Fund (IMF), urging these influential institutions not to lend support to the GFSF. Ayariga contends that the fund’s establishment without parliamentary scrutiny renders it both unconstitutional and illegal, making it unsuitable for endorsement by the Bretton Wood Institutions.
This legal clash is not the first time Mahama Ayariga has found himself in the public eye. In 2018, he faced scrutiny and media attention regarding the controversy surrounding his ownership of a V8 car. This prior incident adds a historical context to Ayariga’s current legal battle, showcasing a pattern of outspokenness and willingness to challenge the status quo.
Mahama Ayariga’s legal challenge against Finance Minister Ken Ofori-Atta and the establishment of the Ghana Financial Stability Fund introduces a layer of complexity to the ongoing financial discourse. As the legal proceedings unfold, it remains to be seen how this legal confrontation will impact the financial landscape and government operations in Ghana.
