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ORAL should come to stay

Feature Article ORAL should come to stay
WED, 15 JAN 2025

The President does not need a law to set up a committee to receive complaints of corruption, waste, or stolen public properties because the Constitution and existing legal frameworks grant the President broad executive powers to create advisory or investigative committees.

1. Executive Authority under the 1992 Constitution

Article 58 (1) and (2) of the 1992 Constitution vests executive authority of Ghana in the President. This authority includes implementing policies, managing public administration, and ensuring the execution of laws. Setting up a committee to receive complaints aligns with the President’s mandate to oversee the proper administration of the country.

The President can act within this authority without the need for additional legislation, provided the committee’s activities do not conflict with existing laws or usurp powers reserved for other constitutional bodies.

2. Administrative and Advisory Committees

The President has the power to establish temporary committees, task forces, or advisory bodies under executive authority to assist in the administration of the country or to address specific issues, such as corruption, galamsey, or waste.

These committees do not require legal backing because they do not exercise judicial or enforcement powers; rather, they serve as administrative tools to collect information, receive complaints, and make recommendations.

3. Existing Legal and Institutional Frameworks

The President’s committee would complement existing anti-corruption and accountability mechanisms, such as the Commission on Human Rights and Administrative Justice (CHRAJ), Economic and Organized Crime Office (EOCO), the Office of the Special Prosecutor (OSP) or the Auditor-General’s office.

The committee could serve as a convenience mechanism to receive and channel complaints to these statutory bodies for investigation and enforcement, avoiding duplication of functions.

4. No Need for Enforcement Powers
If the committee is limited to receiving and reporting complaints without taking enforcement actions (such as arrest or prosecution), there is no requirement for legislation. It operates within the President’s administrative discretion, much like task forces or commissions set up to investigate specific issues.

5. Precedents of Presidential Committees in Ghana

Ghana has a history of presidents establishing ad hoc committees without the need for legislation. For example, committees investigating issues like governance reforms, disaster response, or sector-specific problems have been set up based on presidential directives.

Under the Akufo-Addo government, the Senior Minister was responsible for coordinating the investigation of corruption. As the Senior Minister stated, these committees involved the participation of foreign nationals (see Ghanaweb, September 24, 2017). GOGO fully supported this initiative, just as it does with ORAL.

6. Principle of Checks and Balances
The committee’s scope would be administrative, meaning it does not interfere with the powers of other constitutionally mandated bodies, such as CHRAJ, EOCO, or the judiciary. As such, it does not require legislative approval.

Practical Considerations
Budgetary Allocation: While the committee does not need legislation to be formed, its operations may require public funds. These funds must be allocated within the existing budgetary framework, subject to parliamentary approval.

Transparency and Collaboration: The committee should coordinate with existing anti-corruption agencies to avoid redundancy and ensure efficiency.

Conclusion
The President can set up a committee to receive complaints of corruption, waste, or stolen public property under their broad executive powers as per the 1992 Constitution. This committee operates as an administrative or advisory tool, requiring no separate law unless it is granted enforcement or prosecutorial powers.

Just as we use CCTV to monitor crimes, we need similar measures to monitor corruption. The Operation Recover ALL Loot (ORAL) committee serves as a “CCTV for Corruption” (CCCTV). It is a lawful task force established to gather and analyze information on financial misconduct and malfeasance, functioning similarly to other presidential task forces with comparable objectives.

GOGO endorses ORAL and any initiatives aimed at holding looters accountable, as it has consistently done in the past and will continue to do until looting is eradicated.

Da Yie!

Stephen Kwaku Asare, Professor
Stephen Kwaku Asare, Professor, © 2025

A renowned Public Law and Justice fellow at CDD-Ghana.. More Stephen Kwaku Asare is the KPMG Professor of Accounting at the University of Florida where he teaches courses in forensic accounting, financial reporting, attestation, managerial accounting, corporate governance, and controls.

He also holds a Research Professor position at Nyenrode Business Universiteit in the Netherlands. He has a Ph.D. from University of Arizona, J.D. (Cum Laude), MBA and BSc (First Class Honors) degrees from University of Florida, Baylor University, and University of Ghana, respectively.

He is a Certified Fraud Examiner and a member of the Florida Bar. Dr. Asare’s research focuses on understanding and improving audit decision making.

He is also interested in white-collar crime and governance issues in emerging democracies. He has received research funding from the America Institute of Certified Public Accountants (AICPA), International Accounting and Auditing Standards Board (IAASB), and the KPMG Research foundation. He has published a variety of articles in accounting, psychology, and law journals and has presented articles at various national and international conferences.

He is a co-author of a monograph on the use of the criminal law to uphold the fiduciary role of public officers in Ghana and is currently the Editor of Journal of Accounting Literature. Dr. Asare has participated in management education programs for Price Waterhouse Coopers and has received several teaching awards.

He has taught at several international schools, including GIMPA (Accra, Ghana), University of International Business and Economics (Beijing, China), Norwegian School of Economics (Bergen, Norway), Aarhus School of Business (Aarhus, Denmark), Sogang University (Seoul, Korea) and Boston College (Boston, USA).
Column: Stephen Kwaku Asare, Professor

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