Opinions of Friday, 30 June 2017

Columnist: Nathaniel Apadu

An expectant citizenry in a quest for an impeccable special prosecutor

Whether it is the loss of mothers and babies at health facilities, the constant deterioration of our schools due to lack of resources or the general economic hardship and its attendant widening gap between the rich and the poor, we all have a reason to detest corruption and the people who perpetrate it.

It would not be an exaggeration to say that corruption has cost our dear nation several billions of dollars in this fourth republic alone.

Therefore, the appetency of most Ghanaians towards the idea of coming up with a law to establish a portfolio known as the Office of the Special Prosecutor, to help to prosecute bribery cases on behalf of the state, is not out of place.

Huge sums of money which were initially apportioned for public projects have found their ways into the possession of unscrupulous officials and their cronies. These people, who are concerned for our dear country as much as a crab inside its hole is concerned about getting a headache, see nothing wrong with the constant looting of its coffers because they have no conscienceSome vulnerable people including children and the elderly have missed out on the opportunity to enjoy their share of the national cake as a result of the reckless misappropriation of state funds. These elements, we must note, cannot claim a higher moral standing than the murderers of late Major Maxwell Mahama.

That being the case, it is only when we get a comprehensive law establishing the office of the special prosecutor that well-meaning Ghanaians can rest assured that whatever is accrued from our collective hard work is channeled towards improving our lives as Ghanaians and not diverted into the pockets of some greedy, insensitive Ghanaians to fulfill their Mephistophelian agendas at the expense of our dear nation and its people.

Ghanaians have much hope in this law, because it is envisioned that its establishment and that of the special prosecutor will relieve the CHRAJ, which already bears an overwhelming amount of work, of the burden of pursuing cases of corruption.

The need for the independence of this office cannot be overstressed, but when we talk of independence, in which regard exactly are we talking about, politically, financially, legally or all of the above? Well, that question is best left to the experts to answer, because all that the people Ghana seek is for every individual or group of people in whose charge the resources of this dear nation is placed, accounts for it even to the last pesewa.
Apart from the fact that the Special Prosecutor should not have any political affiliation, the individual in question must also have a track record of thorough competency and integrity.

As it stands, funds recovered from indicted public officials will be deposited into the consolidated fund even though some experts are calling for these funds to be deposited into a specially created account of the Office of the Special Prosecutor to, as they suggest, make it financially independent of government.

Drawing from the optimism and enthusiasm the President, Nana Addo Dankwa Akufo Addo has demonstrated concerning the idea of Special Prosecutor, we can only expect that our astute lawyer president and his Attorney General will give us a candidate who is commensurate and enough in all conscience to undertake the task in the most effective way possible.

With the support of International agencies like the UK’s Department for International Development (DFID), who for instance have advocated for a law that is not only preventive in nature, but also stringent enough in order to make corruption unattractive, it is the hope of our international partners in this fight that we are at least able to deter our officials from indulging in the act as a measure to protect the public purse.

Our policy makers must rise to the task. Beyond the political rhetoric, they must tap the best legal expertise to fix every anticipated loophole as preparations are made to present the draft bill before parliament. This way, when the law takes its course we are assured it can function maximally to deliver Ghanaians a much desired justice. Its enactors must also endeavor to make it transparent and clear enough so we can all make meaning out of it.

Much public education will have to take place on this law, by the right agencies including the NCCE and its affiliate state institutions responsible for educating citizens on civic and legal matters that affect us.

The Attorney General is doing quite a consequential amount of work to get the draft bill to parliament, but the restlessness of Ghanaians should stimulate them to expedite the process. At least, the Nana Addo led administration is creating an impression of proactiveness in the corruption fight.

Last week, addressing a group of Ghanaians in Zambia, President Akufo Addo reiterated his commitment to the cause. Per what the President said, we should be expecting the passage of the law at the second sitting of parliament this year, six months after which the office itself would be set up.

We must have a common voice when it comes to the issue of corruption despite our individual differences in order to achieve success in the fight against it.
We must all be worried about this canker called corruption because it affects us negatively, and will continue to hamper our progress as a nation and as individuals if we don’t lend support to meaningful initiatives that can help us to curb it.