A PUBLIC STATEMENT INDICATING THE COMMITMENT OF THE ATTORNEY-GENERAL AND MINISTRY OF JUSTICE TO COMBAT CORRUPTION THROUGH THE PROSECUTION OF OFFICIALS ENGAGED IN BRIBERY AND ILLEGAL BARRIERS ALONG THE TEMA-OUAGADOUGOU TRADE CORRIDOR

Mr. Chairman/Madam Chairperson,

Distinguished guests,

Participants,

Ladies and Gentlemen

Good morning.

It is a pleasure to be with you today at the beginning of this workshop organised by Legal Resource Centre to train stakeholders in their role in combating bribery, corruption and delays along the Tema-Ouagadougou trade corridor.

I would like to thank the organisers of this programme for inviting me to speak on an issue that is at the cornerstone of our development. My task this morning is to give a talk on the “commitment of the Attorney-General and Ministry of Justice to combat corruption through the prosecution of officials engaged in bribery and illegal barriers along the Tema-Ouagadougou trade corridor”.

Ladies and Gentlemen, The trunk road from Ghana’s port to Burkina Faso’s capital passes through Kumasi and Tamale, and carries the vast majority of goods destined to the north of the country as well as a great deal of the materials bound for Burkina Faso and Mali. As such, the trunk road makes for a tempting target to officials and semi-officials of all stripes eager to supplement their incomes by skimming a little cash from the truckers moving their cargoes along the route. The trunk road is the only economical route for transporting goods into the interior, and the truckers have little choice but to use it despite the delays and bribes they are forced to pay. Bribery, corruption and delays therefore have long been endemic for commercial transport on the said corridor.

Ladies and Gentlemen, Corruption in my opinion has no single definition, but the handbook on fighting corruption by the Centre for Democracy and Governance defines corruption as “the abuse of public office for private gain”. Transparency international also defines corruption as “a behaviour on the part of officials in the public sector, whether politicians or civil servants, in which they improperly and unlawfully enrich themselves or those close to them by the misuse of public power entrusted to them.”

The commitments shown by the Attorney-General’s department towards the fight against corruption is evidenced by the production, at great costs, of a manual on corruption entitled “Comparative Analysis of Anti-Corruption Laws of Ghana”. In Ghana, anti corruption laws are not found in one piece of legislation. The manual serves as a quick reference to the legal regime on corruption in Ghana and compares out legal framework with the UN and the AU conventions on corruption. Public universities have been given copies of the manual to be used as reference material.

Our country’s effort to fight corruption and rid the nation of corrupt activities has also led to the establishment of two specialised high courts dedicated to the hearing of economic and financial crimes.

Ladies and Gentlemen,

Corruption can be prosecuted only when evidence of corrupt conduct is available. Prosecution may however be time-consuming, costly and uncertain. It is for this reason that measures are being undertaken rather to streamline the practice. These measures include model preventive policies like the establishment of anticorruption bodies. The state must also endeavour to ensure that their public services are subject to safeguards that promote efficiency, transparency and recruitment based on merit. Once recruited, public servants should be subjected to a code of conduct, financial and other disclosures as well as appropriate disciplinary measures. Ghana has made significant strides in the fight against corruption in recent times. Laws such as the whistleblower act which was passed in 2006 as Act 720. This law referred to as “tipping-off” legislation in some countries, encourages people to report on issues of corruption and offers them protection against offenders of the Act.

Included in the list of current anti-corruption laws still in the pipeline is a bill to amend the Whistleblower Act 2006 (Act 720) in order to remedy the apparent weakness in the law. The act is an innovation and an attempt to fight corruption in the country and needs to be liberalised in order to encourage patriotic people to volunteer information on corrupt officials without being afraid of victimisation.

Ladies and Gentlemen, Plea-bargaining is a concept that the government is considering by amending the Criminal and other Offences Act, 1960 (act 30). When it finally comes into force I believe it will help us in our fight against corruption and other offences.

It has been recognized that a confession by a bribe-giver may enable a major player in a criminal offence to be prosecuted and that if the bribe-giver is let off the hook and not prosecuted, the person who is the habit of receiving bribes may be prosecuted successfully. The introduction of plea-bargaining will promote the expeditious prosecution of cases.

Our Parliament ratified both the UN Anti Corruption Convention and the African Union Convention on Preventing and Combating Corruption on the 14th December, 2005. The instrument of ratification for the UN Anti-Corruption Convention was lodged on 27th June, 2007. Before the ratification of these two instruments, Ghana had ratified the ECOWAS Protocol on the fight against corruption on the 18th October, 2002. The commitment of the Republic in ratifying these international instruments indicates the serious efforts that our country has put up in the fight against corruption.

Ladies and Gentlemen, The Attorney-General is committed to fighting and uprooting the corruption in Ghana but this is not a fight for only one institution. The Attorney-General’s commitment is evidence by engaging very versatile and committed attorneys who are ready to prosecute as many offenders as are brought to the notice of the office.

But this can only be done with the help of the public including the drivers, traders, policemen and all those who ply the trade corridors. Report cases of bribery to the authorities, teach your children and family to be steadfast, and refuse to pay bribes. Together, with our collective shoulders to the wheel we will be able to deal corruption a deadly blow.

Ladies and Gentlemen,

Any successful crusade against corruption requires the involvement and commitment of both leaders and the people. A total and successful war against corruption in Ghana can only be inspired by moral revolution. This revolution will be enduring if it is rooted within the basic family unit, where values are taught that success comes with hard work, honesty, and integrity. Each of us, Ladies and Gentlemen, must hold ourselves accountable to report corrupt practice and do our bit to make out country “corruption-free”. Others have done it. So can we, if we are sincere about changing our society for the common good and speedy development. We must all remember the old saying “legacy is better than currency”.

Thank you for you kind attention.