Attorney General and Minister for Justice, Godfred Yeboah Dame
The Attorney-General and Minister for Justice, Godfred Yeboah Dame, has presented Ghana’s anti-corruption commitment and spelt out various measures being adopted by the nation to deal with corruption at Tenth Session of the Conference of States Parties to the United Nations Convention against Corruption (COSP 10) currently ongoing in Atlanta, USA.
The UN Convention against Corruption remains the only legally binding universal anti-corruption instrument and has been signed up to by over one hundred and ninety (190) States Parties.
Speaking at the opening ceremony of the Conference which takes place every two years and draws participation from all the 190 States Parties to the UN Convention on Monday, 11th December 2023, Mr. Dame indicated that since 2014 when Ghana adopted a National Anti-Corruption Action Plan (NACAP), the nation’s anti-corruption effort has been “relatively better coordinated and systematic resulting in significant progress”.
Digitalisation as a tool for fighting corruption
The Attorney-General stated that Ghana recognises the centrality of access to information in the creation of accountability and integrity in society and ultimately the elimination of corruption. Thus, underlying the Digitalisation Agenda of the Government is the overarching objective to enhance transparency, accountability and efficiency in the public sector.
He referred to policies like a robust National Identification System, Digital Property Address System, Paperless Port Systems, E-Justice Systems, Pensions and Insurance data, a digitized Land Registry and Mobile Money Interoperability System as part of the digitalisation agenda of the Government. “A digitised environment ultimately helps to eliminate and prevent corruption in various institutions and agencies”, Mr. Dame stated.
As a result of digitialisation, according to the Attorney-General, institutions like the Passport Office, Ports and Harbours Authority, Registrar-General’s Department, National Health Insurance Service, Driver Vehicle and Licensing Authority, “which hitherto were fertile grounds for corrupt activity, have been transformed considerably”.
Conduct of public officers law
The Attorney-General used the occasion to address the UN about the Conduct of Public Officers law Ghana sought to enact. He indicated that Ghana “is in the process of laying down a set of far-reaching and a more fit for purpose set of regulations for the conduct of public officers”. A draft Conduct of Public Officers Law has undergone multiple stakeholder consultations with a number of organisations including civil society and has been presented to Cabinet, as part of the process for its passage by Parliament.
When passed into law, the Conduct of Public Officers Law will address issues like financial portfolios held by public officers before assuming public office, links to family business, improper enrichment, self-dealing, partiality in the performance of duties, sexual harassment, abuse of women and use of public or confidential information to further private interest.
Legal framework for fighting corruption in Ghana
The Attorney-General and Minister for Justice pointed out that “the control of corruption requires the establishment of a system backed by legislation which not only deters its perpetration but also punishes effectively through an honest, fair and efficient justice system”. In this regard, Ghana has enacted the following legislation to deal with corruption.
a. A new Companies Act, 2019 (Act 992), which introduces a variety of measures to verify information provided by companies to the Registrar of Companies and also ensures that there is a declaration of beneficial ownership by all who are registered as owners of companies.
b. The Witness Protection Act, 2018 (Act 975) to protect persons who disclose information on acts of impropriety.
c. An amendment of the Whistleblower Act a few months ago. in July, 2023, to introduce a reward system for whistleblowers by which 10% of the income directly generated by a whistleblower’s efforts is paid to the whistleblower.
d. Establishment of the Office of the Special Prosecutor under the Office of the Special Prosecutor Act, 2017 (Act 959) to investigate and prosecute corruption, bribery and related criminal cases independently of the Attorney-General.
e. The Right to Information Act 2019 (Act 989).
Transparency necessary for fighting corruption
On the RTI Law, Mr. Dame stated that it was in furtherance of the Government’s effort to promote transparency, as “transparency banishes corruption” and that “the haven for economic crimes is an atmosphere conducive to its concealment, and, access to information is a vital tool in the elimination of corruption”.
Mr. Dame also referred to other laws which have helped in the fight against corruption like the Revenue Administration (Amendment) Act, 2020 (Act 1029), Fiscal Responsibility Act, 2018 (Act 982), State Interests and Governance Authority Act, 2019 (Act 990), Anti-Money Laundering Act, 2020 (Act 1044), Corporate Restructuring and Insolvency Act, 2020 (Act 1015), Narcotics Control Commission Act, 2020 (Act 1019), the Public Financial Management Act, 2016 (Act 921) and Real Estate Agency Act, 2020 (Act 1047).
The need for international cooperation
Mr. Dame stressed that the last conference held in Sharm El Sheikh, Egypt, has shown that no one nation, however strong its anti-corruption strategies may be, can win the fight against corruption all by herself.
Ghana continues to enjoy the support of the United Nations Office on Drugs and Crime on key thematic areas related to the implementation of the UN Convention Against Corruption. He referred to a recent survey conducted by CHRAJ and the Ghana Statistical Service in which the nation received technical assistance from the UNODC. One unique feature of the Survey was the finding that in Ghana women are less susceptible to corruption than their male counterparts and that corruption disproportionately affects women more than men. Even though male public officials are twice more likely to solicit bribes than their female counterparts.
Emphasising the need for cooperation, the Attorney-General told the Conference that “our survival as a global community depends on the efficiency of cooperation among us. The integrity of the global effort to root out corruption is at risk from wrongdoers who exploit weaknesses in our systems to perpetrate financially motivated crime. Criminals exploit differences between countries to further their objectives, enrich their organisations, expand their power, and avoid detection or apprehension”. He considered as more than imperative the need for states to cooperate in combating the threat of economic crimes.
Mr. Dame led a high-powered Government of Ghana delegation including the Ambassador of Ghana to Austria, the Deputy Chief of Staff, Mr. Adumoa-Bossman, the Commission on Human Rights and Administrative Justice, and Members of Parliament.
KOD
