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Recovering stolen funds better than jailing offenders - Martin Kpebu

Martin Kpebu Martin Kpebu Martin Kpebu   Martin Kpebu is a private legal practitioner

Sun, 14 Jun 2026 Source: www.ghanaweb.com

Private legal practitioner, Martin Kpebu, has argued that Ghana should prioritise recovering misappropriated state funds over imprisoning individuals involved in corruption-related offences, insisting that restitution offers greater benefits to the country.

Speaking on The Key Point on Saturday, June 13, 2026, Kpebu said public resources recovered from corruption cases could be channelled into critical sectors such as healthcare and infrastructure.

“What shall it profit a man to throw somebody in jail and then he doesn't give us one farthing, so that he keeps all their money?” he asked.

He added, “Looking at our state of development, the way hospitals need beds, I still can't believe the Afariwa Hospital has not been opened. I would take their money any day and possibly with some interest so that we can get beds and other equipment to open Afariwa Hospital and it will save more lives than just throwing one person in custody or in jail.”

Kpebu acknowledged concerns that allowing offenders to refund stolen funds could weaken deterrence against corruption but maintained that public stigma and reputational damage constitute a significant form of punishment.

“After that, I can come and sit on TV3 and then when any matter concerning me comes up, I'll say, ‘Wontumi who held our money illegally for some years and finally had to be coerced to pay?

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“The point I'm making is that we'll continue to name and shame him, stigmatising him for the rest of his life and it will even affect his family. So that is punishment enough,” he said.

According to him, societal attitudes towards criminal allegations remain strong and can have lasting consequences for individuals found to have misused public resources.

“For such a case, returning the money, the stigma the person will suffer — for me, the value is the same,” he stated.

When asked whether recovering funds without imposing prison sentences would provide sufficient deterrence, Kpebu responded emphatically: “Absolutely. I'll tell you 150%. That's my opinion.”

He cited previous high-profile cases in which the state recovered portions of lost funds, arguing that such recoveries could have delivered substantial benefits to the public if pursued more aggressively.

“You know what that money would have done? So, I'm telling you that when you take the money back, it doesn't mean the person is innocent. We will make the point that you illegally took government money and years later it was a change in government that enabled us to collect it from you,” he said.

Kpebu further noted that plea bargaining is a recognised legal mechanism in Ghana and many other jurisdictions, referencing both local and international examples to support his position.

“Plea bargaining is used everywhere,” he said. “For me, knowing the weakness of the Ghanaian system, half a loaf is always better than none.”

He urged policymakers and prosecutors to focus on maximising the recovery of state funds while continuing to hold offenders publicly accountable for their actions.

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Source: www.ghanaweb.com