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13.10.2014 Feature Article

Corruption in Governance - Sika Diee!! Sika Diee! Sika Diee

Corruption in Governance - Sika Diee!! Sika Diee! Sika Diee
13.10.2014 LISTEN

The best policy analysis on Newsfile I had heard in a while, devoid of the usual political innuendoes and blame game, aired on Joy 99.7 FM the Saturday 11-10-14. In his usual finesse and polished lawyerly lingua, Samson Lardy Ayeneni, the very able and competent host of Newsfile teased and provoked some of the finest Ghanaian minds to proffer practical proposals on how to address the vexed issue of corruption, which really, is just a sexy euphemism for plain thievery of public resources using the facilities of witty deception and shameless decadence. Strapped in my armchair and forking through a plate of waakye, while I searched for the ever-shrinking wele that I had paid GH3.00 for, I listened intently as the panel, made up of; Abdul Malik Kweku Baaku, Abraham Amaliba, Professor HK Prempeh and Justice Emile Short, did intellectual justice to the corruption question.

The issue of corruption in public sector has assume alarming proportion particularly under the Mahama Administration. Some government apologists, rightly or wrongly, argue that the revelations are only a reflection of the government's commitment to the “Sunshine” campaign whereby infractions from its own fold by its “own” can no longer be tolerated and so exposed. Fair argument, one might say. Yet, the refutation of same lies in a contrary argument that points to systemic loopholes and process gaps, which could and must be addressed by strong leadership and responsive governance. Hence the doctrine of Estoppel applies, that government and their apologists are estopped from denying complicity in the corrupt acts of their appointees by the appointer's failure to act responsibly and competently. But, in the spirit of forward march, I want to emulate the tone and focus of Justice Short et al. on Newsfile as they discussed specific policy proposals to address corruption. Since I took notes to cover areas such as problem statement, causality and policy responses, my interest is to recap, so as to emphasize issues that requires further “sunshine”.

The (Newsfile) Synopsis
Prof. H.K Prempeh and co. argued the following bullet points as some of the causes and approaches to corruption under our political dispensation. The bullet points below represent their views, in distilled essence, and their proposals to address same.

-Social pressure on public figures may create a situation where persons are compelled to live above their means.

-Concentration of discretionary power at the political top creates room for abuse.

-It takes motive and opportunity to do wrong. Our system makes wrong assumptions about motives and as a result leaves immeasurable opportunities for people to exercise wrong motives without accountability.

-Institutional weakness stem from organizational and systems design. For instance, presidents appoint board members and Executive Directors of Public companies, contrary to the norm in corporate governance where board appoints C.E.O, in order to establish clear chain of command and accountability. Again, Public Account Committee of parliament can investigate all it wants but it cannot prosecute offenders.

-Approach to fighting corruption is ex post instead of ex ante, which depends more on preventive controls than reactive directives.

-CHRAJ's tri-mandate makes it difficult to evaluate its performance on the issue of anti-corruption as resources as shifted to pursue “less controversial” matters bordering on human rights etc.

-Acts of both giver and taker of bribe are criminal according to the law. This creates challenge for whistle-blowing as potential witness for prosecution may feel trapped.

-Sheer lack of political will to fight corruption. For instance, Financial Administration Act 2003, Act 654, section 66, stipulates:

(1) There is established by this Act a Financial Administration Tribunal referred to

in this Act as the “Tribunal”.
(2) The Tribunal shall comprise,
a) a Justice of the High Court who shall be the chairperson;

b) a chartered accountant; and
c) a management accountant or a professional valuer.

The members shall be nominated by the Chief Justice in consultation with the

Judicial Council and shall be appointed by the President.

The terms and conditions of the members other than the Justice of the High

Court shall be as stated in their letters of appointment.

Eleven years down into time, the Chief Justice and President are refusing to do their jobs for reasons “unknown” to the citizenry.

Policy Proposals
1. President must allow board of directors to hire and fire Executive Directors and CEOs of public companies.

2. Separate the prosecutorial powers and function of Attorney-General from its function as legal advisor to government. Case in point – Kenya model.

3. Create autonomy around IGP's function to insulate it from political interference.

4. De-criminalize act of one party to a bribery incident, preferably the giver.

5. A citizen can/must seek a writ of mandamus to compel the Chief Justice and President to perform their duty under section 66 of the Act 654. [I must say I wish to volunteer in this regard, so any lawyer up for pro bono should contact me].

6. Hive-off the anti-corruption function of CHRAJ.

My view
Now really, how difficult should this be, save for the political unwillingness to up the ante against corruption? I strongly urge this administration to review these proposals and take bold and concrete steps to reduce opportunities through more robust administrative and financial controls. Contrary to popular opinion, I do reckon this government deserves credit for the BNI swoops and other interventions being made to address corruption. There are two key perspectives that this government and indeed all subsequent governments post-2016 must take into consideration as far as public sector corruption is concerned. First, the ex post approach to fighting corruption is unproductive and antiquated. Intelligent governance requires a risk-based approach to management. In the private sector, the operative word is control. Control! Control! Control! Using robust administrative and financial controls shifts the gear from ex post to ex ante. That saves resources, prevents embarrassment (political cost) and creates fiscal space to ensure policy credibility.

Secondly, the narrative has always been a battle between NPP and NDC, on the issue of who is more corrupt. All the while this infantile blame trade is playing out through public debates and market-like cacophony, the silent and indignant bureaucrats (least of all suspects) are siphoning our tax revenues into private accounts. “These politicians are funny paaa oo!” they say, while they laugh their way to the bank. The recent BNI-NSS saga, properly characterized as compliance spot checks, in my view, ought to be standard models of how to utilize project teams and task forces to audit and solve basic governance problems.

The risk is high, the wager is too heavy and our souls our weary. This thievery must stop. I have said my peace. Ghana is watching. Mr. President, lead!!

Email: [email protected]
Phone: 233 242 564 143
Twitter@nkunimdini

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