President Nana Addo Dankwa Akufo-Addo announced that the government is working on enacting legislation on the Conduct of Public Officers.
To that end, the Attorney General has undertaken various stakeholder consultations with a number of public sector organisations, civil society and other interest groups.
The President made the announcement on Monday at the 2023 Bar Conference of the Ghana Bar Association (GBA), in Cape Coast, in the Central Region.
He said the legislation would follow the examples in other jurisdictions like the United States Ethics in Government Act of 1978, the Public Officers Ethics Act of Kenya of 2003, and the U.K. Constitutional and Governance Act of 2010, in addressing issues regarding financial portfolios held by public officers before assuming public office.
It would also address public officer’s links to family business, improper enrichment, care of public property, professional practices, property, investments/shareholdings and other assets, self-dealing, partiality in the performance of duties, use of public or confidential information to further private interest, amongst others.
“The Bill will provide a gamut of stringent administrative measures and sanctions to deal with violations of the law, ranging from a bar against holding public office for limited and indefinite periods, to penal measures.
“The Bill will also seek to strengthen the role of CHRAJ in the investigation of allegations of contravention of or non-compliance with the Code of Conduct for Public Officers, including conflict of interest, non-declaration of assets, and illicit enrichment. The Attorney General will bring the Bill soon for the consideration of Cabinet and subsequent enactment by Parliament, upon the conclusion of his consultations, “the President said
President Akufo-Addo assured the gathering that the fight to enhance standards and integrity in public life would continue under his government.
“We will enforce the law, no matter who is affected because it is a necessary foundation for the successful fight against corruption, and for guaranteeing integrity in public life.
“The law must truly be no respecter of persons,” he added.
The President pointed out that corruption thrived in an environment conducive to its concealment and emphasized the need for access to information in the fight against corruption.
It was for that reason that his government, in its first term, ensured the passage of the Right to Information Act, 2019 (Act 989), to give true meaning and effect to article 21(1)(f) of the Constitution.
“The Act, which successive governments had failed to pass, sees to the implementation of the constitutional right to information, held by a public institution, to foster a culture of transparency and accountability in public affairs, subject to exemptions necessary and consistent with the protection of the public interest in a democratic society,” he said.
President Akufo-Addo indicated that the Act is now being fully implemented, with the governing Board chaired by an experienced, retired High Court Judge.
“In 2018, again during my first term, Parliament passed the Witness Protection Act, 2018, (Act 975), to which I gave assent on 24th August the same year. The Act established a Witness Protection Agency to establish a witness protection scheme as a vehicle for offering protection to persons, who are required to co-operate with law enforcement agencies as witnesses in the investigation and prosecution of cases, particularly corruption cases affecting public officers,” he stated.
The President said the Criminal Offences (Amendment) Act, 2020 (Act 1034), had been enacted to amend section 239 of the Criminal Offences Act, to make corruption, which was previously a misdemeanour, a felony, and to provide stiffer punishments for not less than 12 years and not more than twenty-five (25) years in prison.
Other laws passed by Parliament, at the instigation of his administration, and which have significantly enhanced the capacity of the State in the fight against corruption, are the: Revenue Administration (Amendment) Act, 2020 (Act 1029); the Fiscal Responsibility Act, 2018 (Act 982); State Interests and Governance Authority Act, 2019 (Act 990); and the Anti-Money Laundering Act, 2020 (Act 1044).
Others are the Corporate Restructuring and Insolvency Act, 2020 (Act 1015); the Companies Act, 2019 (Act 992); the Narcotics Control Commission Act, 2020 (Act 1019) and the Real Estate Agency Act, 2020 (Act 1047).
President Akufo-Addo said that his administration had implemented several of other far-reaching measures to aid in the fight against corruption.
“A Memorandum of Understanding, on information exchange and collaboration in combating corruption and crime in general, has been signed by CHRAJ, EOCO, Parliament, Office of the Attorney-General, Ghana Audit Service, Ghana Police Service, Financial Intelligence Centre (FIC), Narcotics Control Commission, Internal Audit Agency, National Investigations Bureau (NIB), and the Office of the Special Prosecutor, to this end,” he stated. .
GNA