Corruption , What Corruption ?

Corruption as defined by Transparency International (TI) is ? the unlawful use of public office for private gain?. This trend has long been present, it has been an ancient and widespread feature of our society which always manifests itself in a variety of ways, including embezzlement, bribes and patronage. But given the unbelievable figures on the amount of public funds purported to have been embezzled, or fraudulently extorted, made public by the Minister of Finance , Kwadwo Baah ?Wiredu recently, it has become very clear that fraud and corruption in the public sector still remains the single most damaging phenomenon to the development and future progress of our beloved country. We all know that corruption matters because of its devastating effect on the poor in our society, who form the majority segment of our population and who are the most deprived.

In fact it is common knowledge that the whole of the public sector in Ghana today, each single one of them without exception, has degenerated into a vipers den of corrupt and unethical practices which is negatively impacting on all of us and eroding the little gains that the country is making fast. Can anyone doubt that from the time the average Ghanaian wakes up in the morning to the time they go to bed in the evening, the absence of behavioural ethics that has manifested itself through corrupt practices in our society today has not negatively impacted on their day and crushed them to pulp without any mercy whether they can afford to pay bribes or get monies extorted from them or not? I am not even talking about petty corruption here, but grand systemic corruption that pervades in the public sector that we have in Ghana today. The public sector in Ghana accounts for probably over 85% of the economy if not more, so frankly it?s hard to avoid doing business with the Government, but the effect of corruption in it is increasing the impoverishment of the citizenry. Some estimates have concluded that corruption in the public sector costs African countries 25%-30% of its combined national income

Despite all the laws on our statute books and the latest ones, like the procurement act, financial services and audit acts, passed or being passed by Parliament, we all know that the basic ones on our statute books are not being implemented, so public servants in the various ministries, agencies and departments of state are still extorting huge sums of monies from us, customs men are creaming off huge funds into their private pockets, policemen are extorting huge sums of money from the general public, court officials all over the country are extorting monies and corrupting the justice system, some health workers are extorting huge sums of money from poor people for services which are supposed to be free, bank managers refusing loans to poor farmers unless they are given a cut. Huge sums of public monies are disappearing into private pockets yet the people entrusted to do something about it at every stage of the governance process are not only failing to do anything practical about the problem but ignoring these crimes being perpetrated on poor people all over the country on a daily basis.

Corruption has always been a feature of our lives I know, and I am not by any means blaming these crop of leaders for the damage it has caused and causing to our country, but I believe it is not wrong to question the current commitment to face this problem head on and defeat it. To say the fight against corruption and fraud in public service in Ghana is a mess, is to say nothing new. What is new is the confusion surrounding the President?s unfortunate comments that it is all a ?perception? and as a result there has been the absence of an organised response to these trends and people understandably are tolerating it. What on earth is going on and what sort of a legacy are we leaving to our children? Principles of the law of the jungle? Or survival of the fittest ? The point maybe answered by making the following enquiry. Is there any advantage at all in taking action to eradicate or limit it ? If so there is decided advantage in the need to challenge the current degraded attitude because corruption, especially in public life is the single most damaging thing that is going to prevent all of us from realising our dreams of a prosperous and self sustaining developed society.

All these public organisations where the cancer has become insidious and worsening, are supposed to have disciplinary and codes of conduct enshrined in their rules and regulations, and are supposed to be managed by persons like ministers and their deputies, chief executives, principal civil servants, chief inspectors, directors e.t.c, who at our expense have been provided with privileged lifestyles ,and whose job descriptions also includes taking the necessary action promptly, and the emphasis is on prompt here, to deal with such unethical behaviour which continues to cause so much damage to the moral fabric of our country but what happens. What I have deduced is in most situations all these people have chosen to enjoy the privileges and are failing to do some of the things required to keep this damaging thing in check either because of ignorance, lack of the necessary managerial skills or just an attitude of , get what they can lay their hands on and move on like what every one else is doing. Where is the concept of the PUBLIC GOOD in all these? If this current stance is not a very serious dereliction of duty on the part of our leaders then what is it? Frankly I think this current worsening situation is undermining the whole democratic experiment because due to inaction by the powers that be, the power of corrupt officials has now been increased to such an extent that their acts are not even hidden anymore, they are so open and blatant and we are all despairing but have become timid.

To understand why we are like this I decided to search for possible solutions and to find out, looking back into history to undertake a research into governance and corruption in colonial and post colonial Ghana, to see how misconduct in public office used to be dealt with. What has surprised me folks is to find out that our colonial predecessors left us a fine system of governance, rules and regulations, policies and, procedures, as well as examples of executive actions that dealt very effectively with corruption in public life. What is sad though, is our collective failure to take these on board when we sort our independence. Now this failure is undermining everything we have achieved as a nation.

Some may argue that historically slavery and colonialism played a major role in ingraining corruption in the minds and behavioural patterns of colonized people, and that they used it as a tool for maintaining their position, conquering, brain washing and dividing previously united people, however there is enough evidence to suggest that when it came to managing resources, dealing with corruption and safegaurding monies and assets meant for their treasury, the colonial regulations were enforced vigorously by the Chief Executive, in this case of the Gold Coast, as you can see in this attached example, a notorious case of high level public corruption at Pampram District, Gold Coast, West Coast of Africa, ( copies of original correspondence in between Governor Griffiths and the Secretary of State for the Colonies, The Marquis of Ripon 1892), a case of high level corruption in public office when a District Commissioner (DC) transgressed in 1892. Please take time to read this original document . I chose this example not because I like Pampram and I wanted everything to be above board there, but to highlight my point because in this case, the Governor knew the District Commissioner, Mr De Putron very well, but swift and determined action was taken to drive home the message that public office MUST NOT be used for private gain and that the money and what ever is levied is supposed to go to the Crown Agents and not to seep into individual pockets.

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However this is independent Ghana. I know we cannot ask the President alone to do this but why have we not learnt from this good and fine example, if I may ask ? Is it too much to expect every one in a position of authority today in our country, politicians, public servants, traditional rulers, ministers of religion, educationists, e.t.c to do the necessary to arrest this situation, or to expect the highest standards of conduct and integrity from our leaders? May be.

?Like the waggoner in the fable, it is all very well their complaining to Jupiter, but their wisest course of action will be to put their shoulders to the evils complained of and thereby remove them?.

Transcripts from Original Documents

My Lord,

In my despatches No. 345, of the 2nd December submitting the Estimates of Revenue and Expenditure for the year 1893 I referred incidentally, under the head of ?Item 10. Interior Trade Roads?, to the temporary employment of Mr Farr, Sub- Inspector of Trade Roads, as District Commissioner of Pram Pram in place of Mr De Putron who had been detected in unlawfully appropriating public moneys and extorting money from Natives in the District, and I stated that I should later communicate to your Lordship the facts with regard to Mr De Putron?s delinquencies. I have now the honour to do so.

2. Mr. De Putron, who is a native of British Guiana, came to the colony in 1890, and, having been brought and introduced to me by Mr Britton, the Government Schoolmaster at Accra who is also a native of British Guiana, on his applying for employment in the Government service I appointed him to be a Clerical Assistant in my office. Later on as I found him a steady and painstaking man I transferred him to the Treasury at an increased salary. He remained there during 1891 and on the 6th January 1892, I instructed the Acting Colonial Secretary to arrange for his being sent to Pram Pram to take over the duties of the District which had at that time to be provided for. I considered that the training which Mr. De Putron had received in my office combined with that he underwent in the treasury would have fitted him for him for the comparatively easy duties which he would have to undertake. Not being a native of the country he was unfortunately unable to give a better security than his personal bond, but it was anticipated that the Public Officer?s Guarantee Fund, which has now been brought into operation, would have been introduced earlier and would have provided him with the necessary means of giving security. 3. On the 23rd of September 1892 the Colonial Secretary received confidential communication from Pram Pram in which it was stated that Mr De Putron, and some of the subordinate employees under his control and with his cognizance, were extorting money by illegal fines and otherwise from the people of the District. I, therefore at once directed that Mr Bell, Assistant Treasurer, should proceed to Pram Pram by a steamer then at Accra and about to leave for that port to examine the books and make a careful investigation into the affairs of the District. Mr. Bell arrived at Pram Pram on the morning of the 24th September and on the 26th reported to the Colonial Secretary by telegraph that he had detected a system of extortion from the natives by Mr De Putron. This extortion had been carried on with the aid of the Registrar, T I Otchere. On the following date, 27th September, by order of Mr Bascom, who had been sent on 26th September to take charge of the District temporarily as Commissioner, both these officers were arrested as well as the Keeper of the Prison and three Police Constables, all of whom appeared to have been implicated in acts of extortion. On a consideration of all circumstances the matter appeared to me to be so grave that I sent Mr Cleaver, the Acting Queen?s Advocate to Pram Pram to deal with it, and I enclose a copy of his letter and subsequent report. From a perusal of these documents Your Lordship will not be able to form some idea of the nature of the offences committed, but will also observe that both De Putron and Otchere were found guilty of charges of extortion and of fraudulent appropriation of Public moneys, the former receiving sentences amounting to 3 years and 6 months, and the latter to 3 years imprisonment, both with hard labour. I may state after Mr. Bascom had handed over the District to Mr Farr, who was placed in temporary charge of it, two of the constables, were convicted in the Commissioner?s court of extortion and sentenced to two months imprisonment. These convictions were, however, I understand, set aside by the Chief Justice on review, while the charges against the other constable and the Keeper of the Prison were withdrawn.

4. There is, I fear, no doubt that De Putron with the aid of Otchere had carried on a series of extortions and had been guilty of grave impropriety of conduct as District Commissioner.

5. In view of the circumstances stated I thought it best that a European Officer should be appointed to be District Commissioner in order to regain the confidence of the people in the administration of justice, and I therefore sent Mr. Farr, one of the Sub-Inspectors of Trade Roads, to take charge of the District temporarily until a District Commissioner arrived should arrive from England, and I give him full instructions to bring to my notice all cases of extortion on the part of De Putron which might be brought before him so that restitution to the injured parties might be made by the Government.

No case has however been brought under notice and it is, I am glad to think, probable that the steps which were taken have brought to light most of the cases of extortion and I have reason to think that the people are satisfied with what has been done by the Government in bringing home the delinquencies to the guilty parties.

6. I appointed Mr Henry Eyre to be District Commissioner upon his return from England and the books and accounts have once more been got into order. 7. The losses by the Government through the unworthy conduct of these men were fortunately small and were covered by the amount of salary due to each officer. I regret extremely that this case should have occurred as it tends to disturb confidence in the capacity of native officials to fill positions of trust, and I have always been anxious to place in such positions natives who show promise of administrative ability, and whose character for integrity appear to be untainted.

I have the honour to be, My Lord Your Lordship?s Most Obedient, Humble servant W. Brandsforth ? Griffiths ( Governor)

Enclosure 1 in Gold Coast No. 124 of 27th April 1893

The Acting Queen?s Advocate to the Colonial Secretary

No. 380. Queen?s Advocate?s Chambers Victoriaborg, Accra 22nd November 1892

Sir,

I have the honour to report that the trials against J.A. De Putron and T.I. Otchere the late Commissioner and Registrar respectively of Pram Pram were concluded yesterday.

2. After preliminary investigations in the Commissioners Courts at Pram Pram and Accra of eleven charges of Extortion as Public Officers and of about the same number of charges of fraudulent appropriation of Public Moneys informations were filed against both accused charging both accused with eight cases of Extortion and De Putron with six cases and Otchere with five cases of fraudulent appropriation of Public Moneys.

3. De Putron was convicted upon two charges of fraudulent appropriation and upon two charges of extortion and was acquitted upon three charges of extortion and one charge of fraudulent appropriation.

4. The Court then sentenced the accused to terms of imprisonment varying from six months to two years with hard labour upon each charge and I entered a Nolle prosequi Upon the remaining informations.

5. The accused were further charged with conspiracy to extort in which charge I entered a Nolle prosequi.

6. Mr. Bell the Senior Assistant Treasurer has rendered me invaluable assistance in these prosecutions both in the collection of evidence and in the examination of the accounts and court records of Pram Pram.

I have, & c ., (Sgd) W. E. Cleaver, Acting Queen?s Advocate.

The Honourable

The Colonial Secretary,

Victoriaborg.

Enclosure 2 in Gold Coast No. 124 of 27th April 1893

REPORT

The sums fraudulently appropriated were small compared with the sums extorted.

De Putron was convicted of the fraudulent appropriation of ????. ?4

and the extortion of ????????????????????.?1.10.0

Otchere was convicted of fraudulent appropriation of ????????1.0.0 And of extortion of sums sums amounting to ??????????.?9.4.0

2. The evidence which I have examined into with reference to other charges mainly support the charge of Extortion.

It appears by this evidence that De Putron and Otchere left Pram Pram on a tour of inspection about the 20th June last.

Upon their arrival at Dodowa, a place to which the Towns Police and Public Health Ordinances apply, fifteen or more men and women appear to have been arrested by their orders and fines of five shillings each were imposed upon them by De Putron. There was some pretence of a trial in these cases, - fines were in most cases collected and they have not been accounted for.

They then proceeded to Bawaleshi, a place not under the Towns Police and Public Health Ordinances and there under the direct supervision of Otchere about fourteen men and women were arrested and placed in a room. They were brought before De Putron on the same day in an informal manner and, without any pretence of a trial, they were ordered to pay sums of five shillings each with the exception of one or two who were ordered to pay 10/- each.

These sums were paid by friends of the persons arrested who were then set at liberty. The money collected was not accounted for.

The next place visited was the village of Sasabi a place not under the Towns Police and Public Health Ordinances and, it appears by a paper produced by one of the accused at the trial, that seventeen people were arrested and with even less formality than at Bawalashi they were ordered to pay sums 2/6 each.

These sums appear to have been paid and they have not been accounted for.

Temma on the coast was the last place visited on this tour. It is under the Towns Police and Public Health Ordinances. There, a feeble old man was arrested by both the accused and taken to the house where De Putron had quartered himself and he was ordered to pay one pound under threat of being taken to prison at Pram Pram. The money was paid by his friends and it has not been accounted for.

In all these cases vague charges under the Towns Police and Public Health Ordinances appear to have been made.

3. I selected the cases at Bawalashi and Temma to be first dealt with and I filed five informations containing ten charges and , both the accused being convicted and sentenced under some of these informations besides being convicted of and sentenced for similar offences in the town of PramPram, I deemed it unnecessary having regard to the expense of the prosecution, to proceed with the other cases. 4. I estimate the total amount extorted during this tour, which extended over about one week, to be ? 10.12.6 and to this must be added the sum of ??7.14.0 For the extortion of which at Pram Pram Otchere was convicted , making a total of ???.. ?18.6.6

5. I have corrected in red ink an error of convictions for fraudulent appropriation of Public Moneys.

(Sgd) W.E. Cleaver

Acting Queens?s Advocate.

Victoriaborg, Accra,

19.12.92

Stephen Nyako
Management Consultant

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