New CI to help retrieve misappropriated funds is commendable - Kpbebu

A Private Legal Practitioner and a Lecturer at the Central University College has commended the Supreme Court for passing a new Constitutional Instrument (CI) that will allow the Auditor General to retrieve misappropriated funds as timely and relevant.

“Ghanaians should be celebrating because this ruling means that the Auditor General has the constitutional backing for surcharge and disallowance which previously were not stipulated in the constitution. It is a huge step to retrieving all state funds that has been misused,” Mr. Kpebu indicated.

He called for reforms at the Auditor General's department such as sharp lawyers and bail-leafs who will be diligent in the court to avoid unnecessary delays that will forestall the processes of retrieving state funds.

Mr. Kpebu also suggested that Auditor General's Department be financially and logistically resourced at the district levels across the country to enhance their collective effectiveness.

Speaking on "State of Affairs" on GhOne TV, the lawyer expressed hope that the new CI when implemented by the Auditor General effectively will deter people from abusing state funds.

He acknowledged that the constitutional provision in article 187 which allows culprits to appeal surcharge and disallowance can prove a difficult challenge and wished that the appeal process was regulated by law.

“l wish the court had made a determination of the next line of action once the Auditor General surcharge people and they refuse to avail themselves or respond. Should they be arrested or their assets should be confiscated? All of these require a legal backing. I really wish the court had interpreted this ruling for the avoidance of doubt," Mr. Kpebu explained.

According to him, the Auditor General should be empowered by law to use 'execution' or short court processes to deal with these challenges that may foil the Auditor General's attempt at retrieving state funds.

A member of Occupy Ghana, lng. Nana Sarpong Agyemang Badu who was on the show also express excitement at the new CI and said he was glad Occupy Ghana championed it.

"We started this crusade in 2014 when we realized the Auditor General's Department was dormant and a lot of state funds are being misappropriated. We are excited about this ruling. It's a victory for us and it's a victory for Ghana," lng. Agyemang Badu added.

He further indicated that Occupy Ghana is still in court with the Former Auditor General for being lackadaisical and said until the new Auditor General demonstrates goodwill to issue letters of surcharge and disallowance they won't withdraw their suite.

Ing. Agyemang Badu also emphasized that Occupy Ghana is not politically aligned and therefore will not keep mute when things are going wrong in society irrespective of which political party is in power and added that his group will continue to keep government in check.

He advocated that all government agencies' financial transactions should be shifted from the manual system onto an electronic scheme to minimize the level of corruption in the country.

"The new online passport application system is the best and we need to implement many of such electronic installations in all government institutions to stop the physically handling of cash and third party engagements which mostly breed corruption. This is one of the best way we can fight corruption in this country," Ing. Agyemang Badu posited

The new CI when deployed by the Auditor General could retrieve all misappropriated state funds and minimize the level corruption in the country.