The Institute of Economic Affairs (IEA) in Ghana has expressed support for proposed constitutional changes aimed at strengthening asset declaration and unexplained wealth laws for public officials. According to the IEA, tackling corruption requires more than broad constitutional provisions, and clear, enforceable measures are necessary to improve accountability. The think tank's stance was presented by IEA Fellow and former Chief Justice Sophia Akuffo at a press conference.

The Constitution Review Committee, chaired by Professor H. Kwesi Prempeh, proposed significant changes to Article 286 of Ghana's Constitution. The proposed changes include mechanisms to address unexplained increases in the wealth of public officials, such as lifestyle and wealth audits, a reverse burden of proof, and stricter deadlines for asset declarations. These proposals aim to provide stronger mechanisms for scrutinizing substantial and unexplained increases in the wealth of public officials.

The IEA believes that the key recommendations should be entrenched in the Constitution, rather than being addressed through legislation. According to Prof. Akuffo, combating corruption requires more than general constitutional principles, and clear, enforceable obligations are necessary to create credible mechanisms for detecting and addressing illicit enrichment by public officials and their families.

However, Prof. Akuffo cautioned that any strengthened accountability regime must be designed with adequate safeguards to protect the rights of public officers and prevent potential abuse. The debate should carefully consider due process, evidentiary standards, and safeguards against abuse, she said. The objective should be to establish an accountability system that protects legitimate rights while ensuring that public officials can be called upon to explain significant and unexplained increases in their wealth.

The IEA's position comes after the inauguration of the 11-member Constitution Review Implementation Committee (CRIC), which has been tasked with advancing approved proposals for the review of Ghana's 1992 Constitution. The CRIC is chaired by Presidential Legal Counsel and former Attorney-General and Minister of Justice, Marietta Brew. Its mandate includes examining the government's position paper alongside the Constitution Review Committee's report and developing a comprehensive framework for implementing the proposals that receive approval.

The government's position paper on recommendations contained in the report of the Constitution Review Committee was released earlier. The committee's report and the government's position paper will be examined by the CRIC as it develops a framework for implementing the approved proposals. The CRIC's work will be crucial in determining the final shape of Ghana's constitutional framework on asset declaration and unexplained wealth.

The proposed changes have been welcomed as a step towards strengthening accountability and transparency in Ghana's public sector. If implemented, the changes will require public officials to be more transparent about their wealth and to explain any significant increases in their wealth. This will help to prevent corruption and ensure that public officials are accountable to the people of Ghana.

Key points

  • The Institute of Economic Affairs supports the proposed constitutional changes to strengthen asset declaration and unexplained wealth laws for public officials in Ghana.
  • The proposed changes aim to provide stronger mechanisms for scrutinizing substantial and unexplained increases in the wealth of public officials.
  • The changes will help to prevent corruption and ensure that public officials are accountable to the people of Ghana.

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SaharaWire

Reporting for SaharaWire from the Nairobi bureau.