CORRUPTION: A FELONY UNPARDONABLE

The inevitability section of poverty is sometimes mistaken to justify in certain illogical, irrational, illegal and illegitimate act. Empirically, it is not implausible to associate extreme poverty and perverse inequality to countries with high levels of corruption. One of the most destructive impediments to economic and social development is the virus of corruption. It washes away resources from the common pool and deprives a large population from partaking in the share of the national cake.

Despite Ghana's good governance and democratic credentials, corruption still remains cancerous in the public service and society.

Corruption is the abuse of entrusted power for private gains. It can be classified as grand, petty and political, depending on the amount of monies lost and the sector where it occurs.
Corruption is an illegal act, which siphons the nation's resources without any legal and moral justification. However, there had been different schools of thought as to determine corruption as a misdemeanor or a felony.

Recently, the Akuffo-Addo led administration has suggested that government will elevate that sanctions of corruption from misdemeanor to a felony.
From legal perspective and impeccable evidence-based research of the Criminal Code, this is absolutely unnecessary because there had already been amendment of the Criminal Code and corruption is already a felony.

The law, which government seeks to amend has already been taken care of under the Criminal Procedure Code (Amendment) Act, 1965 (Act 261) which elevated corruption offenses from misdemeanor to a felony with a minimum of 5 years and maximum of 25 years.

In a statement by the finance minister, he indicated that Section 3, 151and 239-257 of the Criminal Offence Act,1960 (Act 29), which will make corruption a felony instead of a misdemeanor would be amended.

However, it is not clearly stated in the Criminal Procedure Code (Amendment) 1965 (Act 261) as to whether corruption is a first degree or second degree felony. Central to this discussion, corruption, after the amendment was classified under the crimes that characterize second degree felony.

Before the amendment, Section 3 (151and 239-257) of the Criminal Offences Act, 1960 (Act 29) widely talked about corrupt practices but the punishment for such offences was just a misdemeanor, which takes a maximum of 3 years jail sentence without hard labour. The government should therefore stop singing praises of elevating corruption from misdemeanor to a felony. The law has already taken care of such practices.

In light of this pragmatic explanation using contextual definition of the amended Criminal Procedure Code, what is the way forward?

It is quite obvious to see an entity endowed with authority to issue binding directives lament as to how to deal with crisis shrinking the socio-economic development of the nation.

The country is soaked in the blood of corruption from the judicial organ of government to the legislative organ. The grandmaster of all is the executive organ with high level of impunity.

In 2015, the most shocking news ever in the history books of Ghana is the Judicial Service scandal. This clearly indicates the extent to which the judicial structure is corrupt and can no more ensure justice to protect citizenry. Ironically, this organ is to hold the weighing balance to ensure objectivity, fairness and accountability enshrined in the 1992 constitution in Chapter 11 with 37 Articles.

In continuation from the above elaboration, the nation was hit by another contract scandal in relation to commercial bus rebranding of the state in 2015. The Attorney General's report made damning findings about how public officials, especially those at the Ministry of Transport, sidestepped procurement procedures, contrary to the Public Procurement Act, 2003 (Act 663), and how Smattys Management and Production defrauded the state in the rebranding of 116 public commercial buses.

In an investigations ordered by the then Chief of Staff , Julius Debrah, the contract was supposed to be a little more than GH2 million. This ended up making the Ghanaian taxpayer cough out a whopping GH3.6 million in spite of the fact that the Ministry of Transport did not have funds.

Interestingly, an amount quoted by three local automobile companies were far less than GH2 million, including VAT and NHIL, with the biggest being that of Mechanical Lloyd, which would have charged GH1,700,720.49 for the same job. Similarly, Svani proposed an amount of GH1,573,500 for the bus branding whilst Japan Motors offered to execute the job with an amount of GH1,553,276.32 respectively.

Another bleeding corruption act that led the nation into an atmosphere of a dirge is the National Communications Authority's scandal spearheaded by the then Chairman, Eugene Baffoe-Bonnie. Like spoils of war, the chairman allegedly took $1.5 million and shared it among members, pocketing $200,000. The contract for the project was $8 million with $6 million of the money, going to the Isreali Company while the local agent kept $2 million.

The NCA with instructions from the National Security made $4 million part-payment into the private account of the local agent at Ecobank and subsequently transferred $1 million to the company in Isreal.

The $3 million left in the account was then split into two, with less than half going going into the pocket of board members and the chairman allegedly taking the lion's share of $200,000.
To fan the flame of corrupt practices in the system, there was a questionable payment at the utilities regulators, the Public Utility Regulatory Commission (PURC). An uncovered findings showed that there was a transfer of close to half a million Cedis into the personal account of the Executive Secretary of PURC, Samuel Sarpong.

In the first series of reports of an audited financial records at the commission, an amount of GH 435,087 was transferred into the personal account of the Executive Secretary. The money was part of the GH 1,225,000 paid by 5 major utility companies to the PURC for the 2013 tariff hearings nationwide. Details of the deposit voucher revealed that the money was paid at the Gulf House Branch of ADB. Mr. Sarpong should therefore bow down his head in shame and should look forward to be huntered legally if the need be.

Another heart-piercing information, which intrigued the pain and anger in Ghanaians is the $1.2 million kickback scandal by the former Ghana Standard Authority Director, Dr. George Crentsil. According to the report submitted by the Board of Directors of the Ghana Standard Authority to the then Trade Minister, Dr. Ekwaw Spio Gabrah, Dr. Crentsil took $1 million from the contractor working on the GSA training school on one occasion. On another occasion, he took $200,000. The former Executive Director admitted taking money from the contractor but refused to voice out how much, stating it was a sensitive matter.

Central to this discourse, it is important to indicate that corruption can no longer be tolerated and accommodated. In view of this, it critical to advocate specific provisions in legislation, which would empower a court that convicts a person of corruption or extortion to order that a person to forfeit the benefits received to the state. 

There is already precedent in what I consider the most ignored, but probably the most potent anti-corruption statute in Ghana, the Government Contracts (Protection) Act, 1979 (AFRCD 58). This statute provides that a contractor who wrongly receives payment under a government contract may be ordered by the court to refund those monies to the government.

Upon conviction for corruption under those circumstances, the court in addition to imposing a sentence between 5 to 15 years imprisonment on both the contractor and the government official certified the contract, may impose fines of up to three times the amount of money properly paid on those persons. It is time to dig up and dust up that statute, breathe life into it, give it teeth and incorporate some of its provisions into our general law on bribery and corruption.

I therefore urge the Akuffo-Addo led administration to initiate legal process to prosecute whoever has flouted the laws of this nation. It bleeds my heart to see "public official devils" who have caused havoc to this nation through their corrupt practices. Prosecute without any favoritism and nepotism. Prosecute without biases or being sentimental. Prosecute but do not persecute. Since the ball is in your court and corruption is no more a misdemeanor, let the citizens of the nation know the spirit strength of the constitution. Invoke the spirit of the constitution to hunt for the evils of the constitution.