Office of the Special Prosecutor: The irony of a dying nation

Billaw……….the corrosive effect of corruption in the development of nations has since been a notoriously sad affair and a subject of public concern among organized societies all over the world. This has led to a plethora of jumpy political debates on the subject matter to finding lasting solutions to its cure and or if possible, ameliorates its growing sense of notoriety and pomposity.

Every government hates corruption. Whether in a military regime or a civilian government, at least, for so we are made to believe. Ironically and by the same taken, it’s the same government that births it, nurtures and grooms it into a canopy pathway to enrich all but the less privileged.

In Ghana, history reminds us of the overthrow of governments mainly on grounds of corruption through revolutions, in what has been nick-named ‘House Cleaning Exercise” which culminated in the painful public execution of top brats government officials. We have heard horrible stories of how contracts are offered to in-laws, girl friends and classmates and how ghost-names find their way into our public payroll system.

We have also heard stories of how state officials use public monies to make “Kenkey parties” and how monies were lavishly spent on ‘Slay Queens and Kings” with unfettered bravado at the expense of the tax payers.

As to the veracity or otherwise of these stories, most of us believe them in the same magnitude as we disbelieve them. Fact is that there is corruption in Ghana remains conspicuously incontestable, no matter how any government of the day chooses to brand it.

Fast forward, it is in view of the sad developments held supra that the “midwives” of the 4th Republican constitution,1992 speaking through article 35(8) states in clear terms that “the state shall take steps to eradicate corrupt practices and the abuse of power”.

Consequently, the constitution further clothes the legislature under article 93 (2) with the legislative powers set out in seriatim under article 106 of the constitution, 1992 to make laws including those that will criminalize corruption and its related offences in partial fulfillment of the provisions of article 35 (8) in our quest and strenuous efforts to combating corruption and corruption related offences.

Be that as it may, for the uninitiated in the work of the Legal and Constitutional Affairs Committee of the parliament of Ghana, below are some of the anti-corruption tools or statues passed by parliament in response to the constitutional provisions of article 35 (8) of the Constitution:

Commission on Human Rights and Administrative Justice Act,1993 (ACT 456)

The Whistle Blowers Act,2006 (ACT 720)

The Audit Service Act,2000 (ACT 584)

The Economic and Organized Crime Office Act,2010 (ACT 804)

The Special Prosecutor Act,2017 (ACT 959)

What is interesting to note but sad enough to believe is that, it appears clearly without any scintilla of doubt that the above fine Legislative Instruments notwithstanding, our fight against corruption has failed or is almost failing and or is in the process of failing.

Over the years, as we have learned in all governments in the 4th republic, there appears to be a mismatch between the political will power, determination and unyielding sense of enthusiasm to fighting the malodor of corruption.

The lofty campaign promises and sloganeering to exterminate the menace of corruption in the body politic of Ghana prior to general elections are enough to cure a deaf and dumb man as the ears itches to hear more.

It is instructive to note that, the office of the Special Prosecutor is the recent most important politically tailored outfit set up by government to fighting corruption and corruption related offences pursuant to article 88 (4) of the constitution,1992.

The announcement by the incumbent government prior to the 2016 elections to create a special office of this nature to deal with cases of corruption on grounds that the John Mahama led government was believed to be heavily baptized with corruption, and indeed, it was; received much public approval which confirms the undying resolve and a commitment unmatched, of an incoming government to fighting corruption, at least, for so we were made to believe. Indeed, the rest, they say is history.

The same cannot be said with the recent announcement of the nominee for the office of the Special Prosecutor by the Attorney- General following the resignation of Mr. Martin Alamisi Amidu.Apart from some few citizens, who seem to hold on to the last straw with a renewed faith in the nominee, KISSI AGYEBENG (ESQ).Indeed, the public interest, ambience and momentum that characterized the role of the Special Prosecutor in the fight against corruption in the early life of 2017 has slowly died off like a stick of firewood held in an open air.

This tainted picture is bad for a nation that looks forward to attracting foreign investors and it’s equally bad for our future. Fact is, reading through the lenses of objective government appointees and citizens; it’s clear that the government itself seems to have lost focus and interest and has already given up in the fight against corruption.

The recent nomination of Mr.KISSI AGYEBEG (ESQ) can best be described as following a ritual legal requirement to fill a vacancy……and Jesus wept!

Truth be told, if there is any failed promise by the incumbent government, it must be its woeful failure to fighting corruption.

This was not what we were promised. Hopefully; the government has been given a second chance to redeem its image and lost glory. Something must be done, and must be seen to be done NOW in our relentless and strenuous efforts to fighting corruption. It cannot be the mere rhetoric and campaign promises that we are used to.

Moving forward as a nation, our tactics must change and our attitudes too must change as well.Perhaps, the time is now ripe more than ever, for us to take a second look at our institutions set up to fighting corruption, which is a bane to our progress. For far too long, the legislature has spent precious time crating laws that remain at the shelves, or at best poorly implemented and enforced.

It is however easy for even the ordinary man on the streets to make any informed guess regarding our general nonchalance and the political will power in the enforcement of our laws, particularly those anchored on corruption because it’s said that he who reaps from a rotten system does not see its rottenness.

This narrative must begin to change through conscious efforts at the basic level of our education.

In some time past, most scholars have raised concerns on the independence of most of these public institutions in the fight against corruption. It is submitted that, most if not all, have their administrative heads appointed by the president. That to the extent that the appointing authority flows from the executive arm of government, they hold some allegiance to him.

That this allegiance to the executive is like “an inseparable bed fellow” just like the Spirit and Letter of our constitution. Indeed, I am tempted to hold the view that, these concerns are valid in the same magnitude as they represent a true representation of facts on the ground. We must not only evince an idea but begin to deliberate on decoupling the Attorney-General’s office from the Minister of Justice and make them “truly independent”.

Indeed, it’s the believe of many people that the Attorney General is more politically aligned to the executive arm of government just as the Special Prosecutor derives its legal authority from the Attorney General under article 88 (4) of the constitutioin,1992.

The appointing powers granted the executive arm of government are too excessive and unnecessary, in some cases. This makes a mockery of the political doctrine of separation of powers and “true independence’ of state institutions set up to fighting corruption.

If we fail to make meaningful and concrete efforts to re-engineer our constitution, 1992 to reducing the powers of the executive arm of government as regards its powers of appointing heads of most sensitive public institutions, especially those institutions set up by the state to fighting corruption, then we fail to realize that we are living in a gory story of a failed nation in our attempt to fighting corruption.

PAX VOBISCUM!!