Search This Blog

Tuesday, January 13, 2009

LAW ON CAUSING FINANCIAL LOSS MUST STAY

…to check corrupt public officials


By Charles Takyi-Boadu
Posted: The Chronicle Tuesday, January 13, 2009
Whilst some politicians in the country are craving for the law on causing financial loss to the state to be repealed from the statute books, for fear of it being used as a tool for political vindictiveness against political opponents, anti-corruption agencies, such as the Ghana Integrity Initiative (GII), is asking for it to be strengthened to check public officials from corrupt practices.
Those who have called for the repeal of the law on ‘Wilfully causing financial loss to the State’ argue that it is a highly controversial law that could be subjected to elastic interpretation.
In addition, they claim that it could stifle official initiative and discretion. However, the GII believes that if governments want to remain committed to the fight against corruption and its related incidence, there was the need to strengthen the law to give meaning to the mantra of ‘Zero tolerance for Corruption.’
In the wake of the controversy surrounding the use and application of the law, the Executive Secretary of GII, Vitus Azeem, says there is need to take a second look at it in order to erase any doubts of abuse.
He was speaking in an exclusive interview with The Chronicle, over the weekend. “I think the law is a good law; it may have some weaknesses, which can lead to people abusing it, but then that is no reason why it should be scrapped,” he emphasised.
Instead, he noted that those weaknesses should be looked at again, and addressed in the form of an amendment.
To him, the perception of politicians or governments in power abusing it can be addressed with a government which is actually committed to fighting corruption, and operating in a transparent way.
“In that case, the law seeks to ensure that public officials, when they are taking decisions, or when they are transacting public business, will make sure that they exercise due diligence, to avoid unnecessary losses to the country,” he noted, stressing “As far as I’m concerned, I think it is a good law and must be retained.”
As the law currently stands, Mr. Azeem said he was not sure whether or not there was indeed a need for it to be amended taking into consideration the fact that he is not a lawyer.
However, he noted that if those with technical knowledge in law believe there are sections of the law which need to be amended, they should proceed for it to be done, since it would save the nation.
A noted Economist, Professor George Ayittey, also shared similar thoughts with Mr. Azeem, since according to him, “if it is scrapped, there would be no incentive or mechanism for holding officials accountable for their actions in office, any incompetence or ineptitude is just passed over.
“If you believe in the rule of law, you should enforce that law, since causing financial loss to the state is a criminal activity,” he stressed.
Asked whether the law was being used as a tool for political vindictiveness of political opponents, he noted, “well that’s what those are guilty of malfeasance will say.”
Furthermore, Prof. Ayittey said, “if we have a Minister, who because his own incompetence or ineptitude causes losses to the state, that Minister should be held accountable and responsible. If it’s a lapse of competence, that Minister should be fined, sacked, and should be held accountable.”
Some political commentators and social analysts have called for a review of the law on “Wilfully causing financial loss to the State”.
Somewhere mid last year, the then Minority and now Majority leader in Parliament, Hon. Alban S. K. Bagbin, served notice that he would oppose any move to repeal of the law on ‘Wilfully causing financial loss to the State’.
He thinks that the First Parliament, under the Fourth Republic, was right in passing the law, and therefore it should be retained. “I think Parliament was right in passing the law on causing financial loss to the state, and I will resist any move to repeal it,” said.
Hon. Bagbin made these remarks, when commenting on an answer by Justice Jones V. M. Dotse, an Appeal Court Judge who appeared before the Appointments Committee of Parliament, on his nomination by the President, as a Supreme Court judge.
When asked about his views on the law, Justice Dotse said it was “dangerous” for him to comment on the law, since some of the cases before him in court bordered on it.
He, however, said it had “a negative backlash, considering the manner it has been applied.”
In that regard, he noted that if in its wisdom, Parliament as an institution believed there was the need to repeal it, he had no objection.
The Director of the Ghana Institute of Journalism (GIJ), Mr. David Newton, also had cause to express worry about the said law, since in his opinion, the law was vague, stressing that its merits only lay in the discretion of the judge.
Mr. Newton said even though there was the need for a law to be in place. to control the actions and inactions of public officials, it must be clearly stated as to the point at which one becomes guilty of causing financial loss to the state.
The law on causing financial loss to the state was passed in 1993, as an amendment to the Criminal Code.
It was sparingly applied under the National Democratic Congress (NDC) administration, but during the reign of President Kufuor and his New Patriotic Party (NPP) government, the law saw some former Ministers of the NDC regime going to jail.
Those jailed under the law and pardoned include Kwame Peprah and the late Victor Serlomey, Finance Minister and Deputy respectively, Dan Abodakpi, Trade and Industry Minister, Ibrahim Adams, Food and Agriculture Minister, and George Sipa-Yankey, a former Chief Director at the Finance Ministry, as well as Mallam Yusif Issah, a former Youth and Sports Minister.
The former Chief Executive of the Ghana National Petroleum Corporation (GNPC), Tsatsu Tsikata, was also sent to jail by the same law.

Korle-Gonno rocks to NDC

…as hundreds celebrate party`s victory
By Charles Takyi-Boadu
Posted: The Chronicle Tuesday, January 13, 2009

The Korle-Gonno beach in Accra went alive on Sunday when hundreds of people from all walks of life trooped to the area to celebrate the victory of the National Democratic Congress (NDC) in the just-ended Presidential elections.
Unlike other occasions, the day recorded a high turn-out with people of various age categories and sex, jamming to music provided by Happiness sounds. The people, most of whom were clad in colours of the NDC danced their hearts out.
Dubbed ‘Victory Jam’, the programme was put together by DJ Willie of ‘Top Radio’ to provide an opportunity for supporters and fans of the NDC to celebrate the party’s victory.
The show received massive publicity from ‘Radio Gold’, which did a huge promotion to attract people from all parts of the capital city, Accra, to the venue.
As early as 10am, people had started showing up at the beach, with some in their swimming costumes whilst others came with huge ice-chests filled with assorted drinks.
Traffic on the old Winneba road where the beach is located came to a standstill as vehicles and motors-bikes tried to make their way to the grounds.
At about 3pm, the traffic situation was getting out of hand as several people tried to make their way through to the place. The few private security and police present at the precincts could not control the traffic situation, since it turned out to be extremely difficult for them.
Matters got worse when the Master of Ceremony (MC) for the day, DJ Kwame announced the presence of ace hi-life and hip-life singer, Lucky Mensah -probably the only one of the few musicians who composed a couple of songs for the NDC, during the electioneering campaign.
There was massive applause with deafening cheers from the crowd when the artiste mounted the stage to perform some of the songs he personally wrote and composed for the NDC and the then candidate John Evans Atta Mills.
Other up and coming hip-life artiste including Poncho added colour to the occasion with their good rendition of music. The crowd could not but ask for more from event organisers when the curtain was drawing to a closure, with some even asking organisers of the event to organise another victory party again.
Most of the fans were practically drenched in sweat as the musicians took turns to perform tracks from their repertoire, sending the crowd reeling in pleasure.
The fact that no party executive or official did not grace the occasion, did not take anything away from the beauty of the occasion.
It was all fun and excitement from the beginning of the day to the end of the programme.