Speech on behalf of Special Prosecutor at 2024 Annual Conference of CIAMC
Our Chair for the Conference and Chairman of the Public Services Commission, Professor Victor Kwame Agyeman,
The Board Chair of the Chartered Institute of Administrators and Management Consultants (CIAMC) and King of the Owirenkyi Traditional Area, Ehunabobrim Prah Agyensaim VI,
The Secretary General of the Trades Union Congress, Dr Anthony Yaw Baah,
The Executive Director of the Economic and Organized Crime Office, COP Maame Yaa Tiwaah Addoh-Danquah,
The Chief Executive Officer of the CIAMC, Dr Samuel Mawusi Asafo,
Administrators and Management Consultants,
Distinguished Ladies and Gentlemen.
The Office of the Special Prosecutor (OSP) is honoured to be invited to the 2024 Annual Conference of Chartered Administrators and Management Consultants. The Special Prosecutor, Mr. Kissi Agyebeng, really wanted to be with you here in person. However, other urgent anti-corruption business has called him away. He sends his regards and has asked that I convey this message to you.
Our charge today is to explain what amounts to corruption and why we should continue to talk about it.
Although the topic of corruption may seem over discussed, its impact on our lives makes it an untiring topic. Perhaps, the appropriate time to stop discussing it would be when we decide to legalise corruption. Some argue that we need action, not talk. However, without talking about it, we cannot act. Despite its pervasive nature, many people are still unaware of the behaviours that constitute corruption and its impact.
I have shared this story before. A friend who deals in woodworks once asked me whether I ever get tired of talking about corruption, especially when there seems to be no change. I replied that if talking about it isn't bringing the necessary change, can you imagine the situation if we weren't talking about it at all?
This friend practically describes how corruption affects us in ways we might not even realise. He explained that his company factors in the bribes demanded by officials on our roads when transporting wood to Accra as part of their business costs. This is even when they have purchased the wood using the correct procedures and with necessary permits. They complain that Police and Forestry Commission officials still extort monies from them on the road. So, if they would have sold a product to you and me for 200 cedis, they now sell it for 250 cedis. In essence, you and I are paying the bribe demanded, not the company.
Corruption is a corrosive force that undermines the very foundations of trust, integrity, and fairness in our society. It affects all aspects of life, from the governance of our nation to the everyday experiences of our citizens.
So, what is corruption?
Ghanaian law does not explicitly define corruption. Instead, it describes actions that may constitute corruption. The primary legislation addressing corruption is the Office of the Special Prosecutor Act, 2017 (Act 959). Under Section 79, it defines corruption and related offences as those outlined in Sections 146 to 260 of the Criminal and Other Offences Act, 1960 (Act 29) as amended. These include offences such as intimidation and impersonation in elections, falsifying election returns, withholding public money by a public officer, accepting or giving bribes to influence a public officer or juror, corrupt promises by judicial officers or jurors, corruption of jurors, willful oppression, extortion, using public office for profit, and dishonest receiving.
Section 92(2) of the Public Procurement Act, 2003 (Act 663) as amended, further includes:
1. Entering or attempting to enter into a collusive agreement with other suppliers or contractors, leading to higher quoted prices in tenders, proposals, or quotations than would have been the case without collusion;
2. Directly or indirectly influencing or attempting to influence the procurement process to gain an unfair advantage in the award of a procurement contract;
3. Altering any procurement document with the intent to influence the outcome of a tender proceeding, including but not limited to:
- Forged arithmetical corrections;
- Insertion of documents such as bid security or tax clearance certificates not submitted at bid opening;
4. Request for clarification in a manner not permitted under this Act.
Lastly, existing offences under enactments arising from or related to the above-mentioned offences are included.
Interestingly, the United Nations Convention Against Corruption (UNCAC), an international anti-corruption treaty adopted by the UN General Assembly in October 2003, does not define corruption per se. Instead, it also outlines specific acts of corruption that should be considered in every jurisdiction covered by UNCAC. These include bribery, embezzlement, trading in influence, abuse of functions, money laundering, concealment, obstruction of justice, and various acts of corruption in the private sector.
Why Talk About Corruption?
If we can control and reduce corruption, there will be enough resources for everyone. We will be less dependent on loans and have sufficient funds to build hospitals, provide quality education, technology, construct roads, provide potable water, and develop industries to create jobs for the many unemployed youths. This will free the fiscal space, allowing the private sector to grow. The volume of money lost through corruption every year in Ghana is estimated at US$3 billion. That is sufficient money going into the pockets of a few privileged individuals instead of benefiting 34 million people.
Ghanaians should talk about corruption because it remains a significant barrier to national development and prosperity. Corruption siphons off valuable resources that could otherwise be used to improve infrastructure, education, healthcare, and other critical public services. At the OSP, we have been alarmed about the increase in the number of corruption and corruption related complaints we receive.
Some of the cases we have looked into cover situations where public officials are alleged to have allocated to themselves state lands, including protected forest and Ramsar sites, or that so much money belonging to the state is found in both public officials and private persons’ hands, or that public officials connive with private persons to bloat contract sums and share the surplus. When officials and businesses engage in corrupt practices, funds intended for public projects often end up in private pockets, leading to poorly executed projects or, worse, no projects at all. This misallocation of resources hampers progress and perpetuates a cycle of poverty and underdevelopment.
Moreover, discussing corruption helps to raise awareness and educate the public about the various forms it can take and the severe impact it has on society.
Let us focus a bit on elections. Corruption during elections, whether in political party primaries or national elections, has become rampant. Those seeking power pay for it, and those granting power sell it. It has turned into a market of vote-selling and vote-buying. Unbeknownst to many, this process often results in electing individuals without integrity. Once elected, how can we expect such individuals to deliver good governance, transparency, or accountability? Elections are frequently seen as a time to reap benefits, with the infamous saying, "it is our turn to eat," capturing this sentiment. People treat elections like a cocoa harvest season, focusing on personal gain rather than the collective good.
This mentality undermines the democratic process and allows corruption to thrive, as elected officials prioritise their interests over public service. Ultimately, this cycle of corruption erodes trust in the electoral system and governance. To break this cycle, it is crucial to foster a culture of integrity and accountability, ensuring that those elected are genuinely committed to serving the public's best interests.
Many Ghanaians may not fully understand how pervasive corruption is or how it affects their daily lives. By fostering open conversations about corruption, citizens can become more informed and vigilant, recognising corrupt practices when they occur and understanding the importance of accountability and transparency. This collective awareness is crucial for building a society where corrupt behaviour is less likely to be tolerated or go unchallenged. The OSP is firmly committed to combating corruption in public elections and has developed strategies to address and prosecute such incidents in the upcoming 2024 presidential and parliamentary elections.
Furthermore, dialogue about corruption can galvanise citizens to demand better governance and political will from our elected and appointed officials. When people regularly discuss and highlight corruption, it puts pressure on policymakers and public officials to enact and enforce stronger anti-corruption laws. It also empowers civil society organizations and the media to investigate and expose corrupt activities. By keeping the conversation alive, Ghanaians can collectively push for systemic changes that promote integrity, fairness, and justice, ultimately leading to a more equitable and prosperous nation.
There are still many fundamental laws that anti-corruption agencies need to effectively fight corruption, including provisions for the reverse burden of proof in cases of unexplained wealth. In many jurisdictions, the anti-corruption body is tasked with proving that an individual's legal income does not match their assets. Once this is established, the burden shifts to the accused to justify how they acquired such assets. Ghana also requires a Corrupt Practices Act - one law that codifies all corruption and corruption related offences. Currently, they are scattered and restrictive.
The mandate of the OSP is clear: to investigate, prosecute grand corruption, and prevent corruption and corruption-related offences. This responsibility is not merely a legal obligation but a moral imperative to safeguard the fabric of our society and the future of our nation. Through our dedicated efforts, we aim to restore integrity, accountability, and transparency in both the public and private sectors.
Our office has made significant progress in uncovering and prosecuting high-profile corruption cases. We have initiated investigations into numerous allegations of corruption involving public officials and private entities. These actions have not only brought wrongdoers to justice but have also sent a powerful message that corruption will not be tolerated in Ghana; and that that no one is above the law. Impunity thrives when the powerful are convinced there will be no consequences when one engages in corruption.
Our public education campaigns have further raised awareness about the detrimental effects of corruption and the importance of integrity in public life. The fight against corruption is ongoing and requires the collective effort of every citizen. We must remain vigilant and proactive in identifying and addressing corrupt practices at all levels. Education and awareness are key components of this effort.
By instilling a strong sense of ethics and responsibility from a young age, we can cultivate a generation that values integrity and rejects corruption. This is why the OSP initiated the Youth Against Corruption (YAC) project across schools and on social media platforms. The goal is to make the youth aware that the future depends on their involvement in the fight against corruption now rather than later. So far, the project has reached thousands of students at basic, secondary and tertiary levels. We are coordinating efforts to introduce an anti-corruption module in schools to help young people understand what constitutes corruption, how to detect it, how to report it, and why integrity matters.
Despite these successes, the fight against corruption is far from over. Corruption continues to drain our resources, diverting funds meant for essential services such as healthcare, education, and infrastructure. It stifles economic growth by creating an uneven playing field, discouraging investment, and fostering an environment of uncertainty. Moreover, it exacerbates social inequalities, as the marginalized and vulnerable bear the brunt of corrupt practices.
As professionals, administrators, and management consultants, you are at the forefront of ensuring that ethical standards are upheld in your respective fields. The ripple effects of corruption are felt across all sectors, including your own, where the trust of clients, partners, and the public hinges on the unwavering commitment to integrity.
The Office of the Special Prosecutor recognises the vital role that professionals like you play in this fight. We believe in a collaborative approach, where public institutions, private entities, and professional bodies work together to foster a culture of integrity. We are committed to providing the necessary support and resources to ensure that corruption is detected, reported, and eradicated at all levels. With such cooperation, the OSP, under Regulation 31 of its legislative instrument L.I. 2374, can work with you to identify the causes of corruption in your areas. This includes addressing issues in regulations, procedures, and administration, such as lack of internal controls or ineffective mechanisms. It also involves tackling external influences like public attitudes, culture, and traditions to help prevent corruption.
In conclusion, let us remember that the battle against corruption is not just the responsibility of the Office of the Special Prosecutor – it is a collective duty. As administrators and management consultants, you have the power to influence positive change and set an example for others to follow. Together, let us build a future where integrity is the cornerstone of our professions and the foundation of our nation’s prosperity. Thank you for your attention, and I look forward to working alongside you in our shared mission to combat corruption and uphold the highest standards of professional ethics.
SAMUEL APPIAH DARKO
Director, Strategy, Research & Communication
24 July 2024