The fight against corruption in Ghana has been a long and arduous journey, with various institutions and mechanisms established to curb the menace. However, the effectiveness of these institutions has often been called into question. Recent comments by Johnson Asiedu Nketiah, the National Chairman of the National Democratic Congress (NDC), have reignited the debate on the efficacy of the Office of the Special Prosecutor (OSP) and the broader anti-corruption framework. Asiedu Nketiah’s call for the scrapping of the OSP has brought to the forefront the need to re-evaluate Ghana’s approach to tackling corruption.
Background
The Office of the Special Prosecutor (OSP) was established in 2017 as an independent body to investigate and prosecute corruption cases involving public officers and politically exposed persons. Despite its noble objectives, the OSP has faced numerous challenges, including allegations of political interference, inadequate resources, and slow progress in prosecuting high-profile cases.
The Ministry of Justice and the Office of the Attorney-General have traditionally been responsible for prosecuting criminal cases, including corruption. However, the dual role of the Attorney-General as both the chief legal advisor to the government and the head of public prosecutions has often led to conflicts of interest and questions about impartiality.
Constitutional Separation of the Attorney-General’s Office
One proposed solution to enhance the effectiveness of the anti-corruption framework is the constitutional separation of the Office of the Attorney-General from the Ministry of Justice. This separation would create an independent Attorney-General, solely focused on prosecutions and free from potential political influence.
An independent Attorney-General’s Office would have the following benefits:
1. Enhanced Independence: Freeing the Attorney-General from the executive arm of government would ensure greater impartiality in prosecuting corruption cases.
2. Focused Prosecution: The Attorney-General could focus exclusively on legal prosecutions, without the burden of being the government’s chief legal advisor.
3. Increased Accountability: An independent Attorney-General would be more accountable to the public and less susceptible to political pressures.
Consolidation of Investigative Bodies
Another option is to consolidate the various investigative bodies into a single, well-resourced entity. Currently, Ghana has multiple investigative bodies, including the Office of the Special Prosecutor (OSP), the Commission on Human Rights and Administrative Justice (CHRAJ), and the National Investigation Bureau (NIB). Each of these bodies has its mandate, but there are often overlaps and inefficiencies.
By consolidating these bodies into a single investigative entity, tentatively named the **National Anti-Corruption and Investigation Agency (NACIA)**, Ghana could achieve the following:
1. Resource Optimization: Pooling resources would ensure that the consolidated agency is well-funded and equipped to tackle corruption effectively.
2. Streamlined Processes: A single agency would reduce bureaucratic red tape and streamline investigations, leading to quicker and more efficient outcomes.
3. Unified Strategy: With a single agency, there would be a unified strategy and clearer mandate for fighting corruption, reducing overlaps and enhancing coordination.
Lessons from Dormelevo’s Experience
Daniel Yao Domelevo, the former Auditor-General of Ghana, famously stated, “If you fight against corruption, corruption will fight against you.” Domelevo’s tenure was marked by significant challenges, including political interference and threats to his safety. His experience underscores the importance of creating strong, independent, and well-resourced investigative bodies that can withstand external pressures and effectively combat corruption.
Balancing Efficiency and Public Interest
Ultimately, the decision to scrap the OSP should be carefully considered in the context of Ghana’s broader anti-corruption strategy. Whether through constitutional reforms to separate the Office of the Attorney-General from the Ministry of Justice or by consolidating investigative bodies into a unified entity like the NACB, the goal remains the same: achieving a more efficient and effective fight against corruption
The fight against corruption in Ghana requires bold and innovative approaches. The constitutional separation of the Attorney-General’s Office from the Ministry of Justice and the consolidation of investigative bodies into the National Anti-Corruption and Investigation Agency (NACIA) are two potential solutions that could significantly enhance the effectiveness of the anti-corruption framework. As Chinua Achebe wisely said, “One of the truest tests of integrity is its blunt refusal to be compromised.” Ghana must take decisive steps to ensure that its anti-corruption institutions are independent, well-resourced, and uncompromising in their pursuit of justice.
Rethinking Ghana’s Anti-Corruption Framework: Lessons from Global Experiences
Ghana’s anti-corruption framework can benefit from examining successful models from around the world. Here’s a brief overview of experiences in America, Canada, Europe, Britain, and Asia Pacific, with a special focus on Singapore, that Ghana could consider adopting:
AMERICA
In the United States, the Foreign Corrupt Practices Act (FCPA) of 1977 was a pioneering piece of legislation aimed at combating corruption in international business transactions. The FCPA prohibits bribery of foreign officials and requires companies to maintain accurate books and records. The U.S. also has robust institutions like the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) that enforce anti-corruption laws.
CANADA
Canada’s approach to anti-corruption includes the Corruption of Foreign Public Officials Act (CFPOA), which criminalizes the bribery of foreign public officials. The Royal Canadian Mounted Police (RCMP) and the Public Prosecution Service of Canada (PPSC) play key roles in investigating and prosecuting corruption cases. Canada also emphasizes transparency and accountability in public procurement processes.
EUROPE
Europe has a diverse range of anti-corruption agencies and frameworks. Countries like Germany and the United Kingdom have specialized anti-corruption agencies, such as the Federal Office of Justice in Germany and the Serious Fraud Office (SFO) in the UK. These agencies focus on investigating and prosecuting corruption cases, often working in collaboration with other law enforcement agencies.
BRITAIN
The UK’s Serious Fraud Office (SFO) is a specialized agency that investigates and prosecutes serious and complex fraud, bribery, and corruption cases. The SFO operates independently from the government, ensuring impartiality in its investigations. The UK also has robust whistleblower protection laws to encourage reporting of corruption.
ASIA PACIFIC
In the Asia Pacific region, Singapore stands out as a model for effective anti-corruption measures. The Corrupt Practices Investigation Bureau (CPIB) in Singapore is a highly independent and well-resourced agency that investigates and prosecutes corruption cases. Singapore’s success in combating corruption is attributed to strong political will, effective legal frameworks, and a culture of integrity.
SINGAPORE
Singapore’s anti-corruption framework is often cited as a benchmark for other countries. The Corrupt Practices Investigation Bureau (CPIB) is empowered to investigate and prosecute corruption cases independently. Singapore also has stringent laws and regulations, including the Prevention of Corruption Act, which criminalizes both the giving and receiving of bribes. The country’s success in maintaining low levels of corruption is attributed to a combination of strong legal frameworks, effective enforcement, and a culture of integrity.
The Prevention of Corruption Act 1960, which established the Corrupt Practices Investigation Bureau (CPIB) in Singapore. Following is a summary:
The Prevention of Corruption Act 1960 (PCA) is the primary anti-corruption legislation in Singapore. It empowers the Corrupt Practices Investigation Bureau (CPIB) to investigate and prosecute corruption cases. Key features of the PCA include:
– Broad Definition of Corruption: Corruption is defined broadly to include monetary and non-monetary bribes, such as gifts, loans, fees, rewards, and other forms of gratification.
– No One is Exempted: The law applies to all individuals, regardless of their rank, seniority, or political affiliations.
– Harsh Penalties: Conviction under the PCA can result in fines up to $100,000 or imprisonment for up to 5 years, or both.
– Public Service Integrity: Government employees are expected to perform their duties with integrity, and failure to report corruption can result in penalties.
– Extra-Territorial Jurisdiction: The PCA has powers to address corruption committed by Singapore citizens outside the country.
– Protection of Informers: The identities of informers are protected under the law.
– Forfeiture of Gratification: Convicted individuals must forfeit any bribes received.
The PCA, along with other supporting laws, forms the backbone of Singapore’s robust anti-corruption framework.
CONCLUSION: Enhancing Ghana’s Anti-Corruption Framework
The fight against corruption in Ghana requires bold and innovative approaches. The constitutional separation of the Office of the Attorney-General from the Ministry of Justice and the consolidation of investigative bodies into the National Anti-Corruption and Investigation Agency (NACIA) are two potential solutions that could significantly enhance the effectiveness of the anti-corruption framework. As Chinua Achebe wisely said, “One of the truest tests of integrity is its blunt refusal to be compromised.” Ghana must take decisive steps to ensure that its anti-corruption institutions are independent, well-resourced, and uncompromising in their pursuit of justice.
Ultimately, the decision to scrap the Office of the Special Prosecutor (OSP) should be carefully considered in the context of Ghana’s broader anti-corruption strategy. Whether through constitutional reforms to separate the Office of the Attorney-General from the Ministry of Justice or by consolidating investigative bodies into a unified entity like the NACIA, the goal remains the same: achieving a more efficient and effective fight against corruption.
Ghana can draw valuable lessons from global experiences to strengthen its anti-corruption framework. By adopting best practices from countries like the United States, Canada, the UK, and Singapore, Ghana can enhance its efforts to combat corruption and promote transparency and accountability. This includes separating the Office of the Attorney-General from the Ministry of Justice, consolidating investigative bodies into a well-resourced entity, and fostering a culture of integrity and accountability. As we learn from these global examples, the importance of integrity, independence, and a relentless pursuit of justice cannot be overstated.
Quotations that complements the theme of integrity and fighting corruption:
Chinua Achebe Quote:
“One of the truest tests of integrity is its blunt refusal to be compromised.”
This quote emphasizes the importance of maintaining one’s integrity and standing firm against corruption and unethical practices. It highlights that true integrity remains steadfast and uncompromised, even in the face of challenges.
Fusaini Isah’s Dogomba Wise Proverb:
“He who will hold another down in the mud must stay in the mud to keep him down.”
This proverb reflects the idea that those who engage in corrupt or malicious actions to hold others back ultimately degrade themselves. It serves as a warning that harmful actions not only impact the victim but also taint the perpetrator.
Biblical Quotation:
“The integrity of the upright guides them, but the crookedness of the treacherous destroys them” (Proverbs 28:18).
This verse from the Bible underscores the value of integrity and righteousness. It conveys that those who live with integrity are guided and protected by their uprightness, while those who engage in treachery and deceit ultimately face ruin and destruction.
Independent Quote:
“The price of greatness is responsibility.” – Winston Churchill
This quote by Winston Churchill emphasizes that achieving greatness, whether as an individual or a nation, comes with the responsibility to act with integrity, uphold ethical standards, and be accountable for one’s actions. It underscores the importance of responsibility in leadership and governance.
Atitso C. Akpalu
Retired Senior Citizen
Teshie-Nungua
024-414-0626
