Thursday, May 2, 2024

Corruption

Opinion: Corruption Continues To Fight Back And Ghana’s Special Prosecutor Is Its Latest Scalp

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In an interview with a local radio station back in October, a director at Ghana’s Center for Democratic Development sounded the alarm over the lack of citizen concern on issues of corruption following a pre-election survey.

About a month later Ghana’s first Special Prosecutor, Martin Amidu, resigned citing interference at various levels of governance, even up to the president. In his resignation letter, Amidu said Ghana President Akufo-Addo had mistaken him as his “poodle”.

In a more recent and much more scathing letter, Amidu described President Akufo-Addo as the “mother corruption serpent” and not the “innocent flower of anti-corruption” he once thought.

With less than three weeks to a general election, this resignation is probably the final report card assessing the Akufo-Addo administration’s corruption fight and the state has failed woefully.

Before this resignation, the government was already seen to have bowed to the whims of graft. Akufo-Addo’s tenure has been littered with corruption scandals not followed by requisite prosecution and punishment. Akufo-Addo has been tagged “a clearing agent” by the opposition because of the number of officials implicated in acts of corruption who appeared to receive protection from the state.

Despite this, the Center for Democratic Development’s pre-election survey indicated that only 6 percent of the electorate considered corruption a concern though it has a latent effect it has on other issues like infrastructure and management of the economy which receive much more attention.

In contrast, in the center’s survey ahead of Ghana’s elections in 2016, 62 percent of Ghanaians backed the perception that Ghana was corrupt and 75 percent of the electorate said corruption issues would influence their vote.

This was reflected in Akufo-Addo’s victorious campaign where he defeated the incumbent, John Mahama, handily. As far Akufo-Addo and his cohorts were concerned, corruption flowing through the veins of the Mahama administration. This was not far from the truth.

But four years on, it would appear that Ghanaians sat distracted in the back of the anti-corruption bus as the Akufo-Addo administration fell asleep at the wheel. More cynical observers will tell you that state actors were actively complicit in acts of corruption.

The timing of Amidu’s resignation is its own flaming red flag. He recently completed a corruption risk assessment on a controversial state agreement to leverage Ghana’s mineral royalties for developmental projects.

Among other things, Amidu concluded that this deal, the Agyapa Royalties Limited Transaction, violated multiple laws whilst the appointment of transaction advisors, which included a firm with ties to the Finance Minister, also flouted the law and did not meet the “fundamentals of probity, transparency, and accountability.”

Amidu claims the President directed him to hold off acting on this assessment. This was the last straw for him.

“We disagree on the non-partisan independence of the special prosecutor in the performance of functions of my office in preventing and fighting corruption and corruption-related offenses,” he said in his resignation letter.

The presidency denied the interference claim but confirmed that the President indeed met the Special Prosecutor earlier in November to discuss the deal which meant a line had been crossed.

If Akufo-Addo really respected the idea of independence, there would be absolutely no reason why he would be meeting with the Special Prosecutor in private, much less in such sensitive times.

Accompanying Amidu’s resignation were concerns about how well-resourced his office was. He and his deputy had not been paid any emoluments since 2008 and this was only rectified (by a presidential directive) after his resignation.

There is also the adjacent chatter over Amidu’s office space, or lack thereof, and utilization of budget allocations for recruitment among others. He has been operating out of what is generally a three-bedroom apartment and has been unable to hire more staff to ensure the efficient running of his office.

Amidu’s office had been offered a bigger building by the state but he deemed it unfit for human occupation.

As of September 2019, he had only three senior staff and nine junior staff. It is thus no surprise that, of the GHS 65.69 million transferred to Amidu’s office, only a little of over GHS 5.22 million had been utilized, according to the Presidency.

Some consider the under-utilization a slight on Amidu and more critical persons accuse him, incorrectly, of loafing about on the job. Amidu complained about his working conditions multiple times, including alleged interference from state actors, but he was told he whined too much and did little work.

That said, had Amidu not complained and created a ton of receipts from himself, he would be perceived in a much worse light now. “Why didn’t he speak up,” his critics would have asked.

Given his apparently dire treatment by the state, one legitimate question can be asked: Why didn’t he resign earlier?

Amidu tries to answer this in his resignation letter pointing to his commitment to fighting corruption over the years; even in his capacity as a private citizen. In his words, he was never an anti-corruption entrepreneur but a “non-partisan anti-corruption crusader.”

His track record of integrity was the reason his announcement as Special Prosecutor in January 2018 was met with much joy in the earlier days of the Akufo-Addo administration. How innocent we were.

Ghanaians had voted for change and the setting up of the Special Prosecutor’s Office was to be the beginning of the end of corruption’s stranglehold on Ghanaian governance.

But as it turns out, we were just characters in the fable about the scorpion and the frog. Corruption stung again and it hurt.

If I fault Amidu for anything, it staying too long in the job because it was clear quite early on that the state was not prepared to lay the foundations for an independent vanguard in the corruption fight.

Indeed, Amidu was appointed by the President, like the heads of other anti-graft offices before his that lacked bite so were we really expecting one plus one to equal three this time around?

Despite the constraints, Amidu pursued cases against multiple government officials, past and present but the Agyapa deal and the purported hurdle the President put his way is one he refused to jump. That Akufo-Addo may have stood in his way was probably a shock to him.

When Barack Obama visited Ghana three presidents ago, he stressed the need for strong institutions. Ghana is yet to take his advice. It is because of strong institutions that the United States of America did not collapse completely under the galactic weight of presidential incompetence.

Ghana tends to prioritize building personalities and not institutions but history has shown us that personalities are no match for the partisan state capture that permeates all arms of governance.

Lest we forget, Ghana’s Auditor-General Daniel Domelevo, another man perceived to be on the vanguard of the anti-corruption fight, was forced on an over-150 day leave in what amounts to a sacking. This was after he challenged with key state actors in another controversial deal.

No matter what faults one lays at the feet of the likes of Amidu and Domelevo it is ultimately a question of who the Ghanaian people should be giving the benefit of the doubt.

The Akufo-Addo administration should have been breaking its back to make sure the first Special Prosecutor’s tenure was successful, leaving absolutely no room for fault.

In my book, the buck always stops with the President because of the amount of power vested in the Executive by our constitution.

It is not that Amidu’s success would have meant a net-positive for the Akufo-Addo administration in the corruption fight. Rather it would have offered some hope that an institution could adequately fight corruption.

But Amidu’s resignation means there is still no light at the end of the tunnel.

Opinion: When Corruption Fought Back; The Ballad Of Ghana’s Auditor-General

Ghana’s Auditor-General, Daniel Domelevo, is currently wallowing in a purgatory fashioned by his vivacious appetite to hound graft. He has been forced on leave for over 150 days. It was effectively a sacking in a bitter episode of state interference in the work of an independent anti-corruption body.

Four years ago Ghana’s President, Nana Akufo-Addo, was in the trenches of opposition. In his sights then-President John Mahama and his National Democratic Congress (NDC); a party with social democrat ideals.

Mahama’s bid to hold on to power was on its last legs. The weight of history was against him given past election trends (no party has been in power for three successive terms). But the power crisis that devasted the economy was on many people’s minds as well as the flame of perceived corruption fanned by Akufo-Addo’s center-right New Patriotic Party (NPP).

A quick analysis of the NPP’s manifesto showed just how critical the perceived corruption in the Mahama Administration was to the NPP’s strategy. “Corruption” was essentially the NPP’s go-to descriptor when addressing the NDC. Ghanaians bought it.

A few days after his election victory, Akufo-Addo spoke to the BBC and expounded upon his campaign promise to empower a Special Prosecutor to fight corruption; the first in Ghana’s history.

He said the prosecutor’s office would be “independent of the executive” in its mandate to fight government corruption. Ghanaians, high on the wind of change, became even more hopeful.

But the real moment of significance in the corruption fight was to happen days later when defeated President Mahama appointed a new Auditor-General – Domelevo.

After this appointment, the stench of corruption followed. Mahama had put in place a puppet to cover his tracks, some said. Valid sentiments, given the context.

It took about 13 months for the Office of the Special Prosecutor to be set up. Martin Amidu, a seeming one-man mission against graft and an anti-corruption campaigner’s wet dream, was appointed. His moniker, “The Citizen Vigilante”, spoke for itself.

But even before Amidu’s appointment was being crystalized, a shadow of despair became more prominent as it became clear the change voted for was merely a mirage.

The first corruption scandal under Akufo-Addo came as his appointees were being vetted less than a month into his administration. A nominee was accused of bribing members of the vetting committee to ease his approval. The claims were not proven. But unsurprisingly, this nominee was eventually sacked after a corruption scandal in the power sector in August 2018.

Meanwhile, as the months wore on Domelevo was winning the perception war by doing his job and doing it, by all accounts, diligently. As Amidu cut an increasingly frustrated figure, complaining about his lack of resources and government interference, the Auditor General coordinated the inspection of government accounts to uncover rot.

He wielded Article 187 (7) of Ghana’s constitution like the Excalibur; allowing him to disallow illegal expenditures and surcharge offenders. The days of merely complaining to Parliament were over.

Among notable interventions, his office dragged the Ghana Education Trust Fund into the light revealing it illegally funded foreign scholarships. It spent over GHS 425 million on scholarships for 3,112 beneficiaries out of which 2,217 were unlawfully granted.

This led to brilliant but needy students being deprived of scholarships in favor of, in some cases, politicians. Some of these politicians are currently government appointees and moved with haste to explain themselves. It was not a good look for them or the country.

His report highlighted the systemic corruption that feeds the beast of inequality. The callousness of institutions meant to be looking out for persons who had drawn the short straw in life was sickening.

And it speaks to how low the bar is in Ghana that the mere revelation of the rot viewed as a victory. No prosecutions followed. That was beyond Domelevo’s control. Ghanaians also displayed their short memories and the government obliged the apathy in wait for the next scandal to brush off and spin.

Domelevo’s anti-corruption efforts put him in the firing line. Corruption wasn’t going to go down without a fight, some observers said.

This is a sentiment Domelevo shared. “Fighting corruption is dangerous… If you fight corruption, corruption will fight you in whatever way,” he said in November 2019.

At this point, Ghana’s Economic and Organised Crimes Office (EOCO) begun a probe into the alleged procurement malfeasance at Audit Service. But this was a “storm in a teacup” for Domelevo, who challenged the probe in court. His real foil was on the horizon.

The fraught relationship between stalwarts in government and the Auditor General was brought to bear in the scrutiny a deal the Senior Minister’s office had with a UK based company called Kroll and Associates. A 2018 report indicated that Domelevo’s office smelled a rat.

He insisted that there were procurement breaches resulting in payment of US$1 million to the UK firm in 2017 to recover assets from identified wrongdoers, among others, without verifying outcomes.

There was also the persistent failure of Ghana’s Senior Minister, Yaw Osafo Maafo, to provide proof of actual work done, according to Domelevo. He subsequently surcharged the Senior Minister and the four other officials from Ghana’s Ministry of Finance.

The Senior Minister fought back. He held that the Auditor-General erred and sued the Auditor-General.

This court case saw Domelevo embarrassingly found guilty and cautioned on contempt charges because he failed to file some documents in the case. The Senior Minister even pushed for a prison sentence. The optics were terrible and for the first time, it looked like the end was nigh for Domelevo.

Then the most demoralizing blow came. On July 4, 2020, the Auditor-General was asked to proceed on his accumulated leave of 123 working days from the last three years. The crimson in the red flags was blinding, especially since he will be hitting the mandatory retirement age of 60 sometime next year.

Domelevo was to hand over his duties to his deputy. Never one to lay down without a fight, he argued his case. He, for example, noted that in the law that there was essentially no provision for accumulated leave.

More poignantly, he was aware of the fact his work was embarrassing the government and was concerned that the development had “serious implications for the constitutional independence of the office of the Auditor-General.”

After this protest, his leave was extended to 167 working days in a quite petty response from the Presidency. The extra days came from his leave for 2020.

It was no surprise that with Domelevo out of the way, his deputy essentially reversed the surcharge of the Senior Minister. The office said it was now satisfied with documents presented challenging the $1m surcharge. An appeal is in progress and the safest bet will be that the surcharge will be set aside.

The Akufo-Addo administration’s credibility has heavily eroded over the past three years. It is like the fable of the scorpion and the frog. The sting of corruption was inevitable like it has been for past governments.

The President has over his term been labeled “a clearing agent” by the opposition because of the number of officials implicated in acts of corruption who were, well, cleared of the allegations against them.

But the treatment of Domelevo is undoubtedly a new low. The Auditor-General is expected to be independent and without any control by any state agency. He must not be subject to directives from the President. But he has struggled with interference from within and without.

In September 2018, he even had cause to petition the President complaining that his own Board Chairman, who happens to work from the Senior Minister’s office, was interfering in his work.

This move to remove Domelevo becomes even fouler when you consider Ghana is in an election year; notable for overspending and other misappropriations. Then there’s the issue of auditing all these state interventions during the COVID-19 pandemic which have come under scrutiny because of questionable figures. Another safe bet we can make is that a scandal will emerge from it.

Though civil society groups have jumped to his defense, the general citizenry has been largely apathetic to his plight. Even the opposition hasn’t made as much noise about the unconscionable interference in his work. Perhaps the pandemic has clouded our vision.

Everything Domelevo did; boldly speaking out and standing up to callous politicians, the billions of cedis flagged in a bid to plug the numerous corruption-sized leaks, was for Ghana and its people. I wonder how disappointed he is that Ghana did not stand up for him when corruption sent him falling to the canvas. Not a single soul hit the streets demanding the President rescind the decision and that is its own shame.

This murky saga is a reminder that there really is no facsimile for people power in the corruption fight. The fight against corruption will have to be won with a ground-up approach. Officialdom is too compromised or susceptible to fatal salvos from the state.

We have seen protests cause real change; from South Korea to South Africa. Zuma fell because of blatant state capture, but the state capture in Ghana is quite insidious; manifesting in the silence of the church, limitations of the media, and a fraught separation of powers – God forbid Parliament actually act in the interest of the people.

The last we saw of Domelevo he had passed by his office to pick up some documents. His locks had been changed and he could not get in – a sad and embarrassing metaphor for the sour ditch the Akufo-Addo government has left him in. Corruption countered the efforts of the most effective Auditor-General in Ghana’s recent history, and it did so effectively. I fear it has won the battle but God help us if it has won the war.

Cameroon’s COVID-19 response could be undermined by a panoply of factors

The coronavirus (COVID-19) is now a reality in Cameroon as the number of confirmed cases has jumped to 56, up from the initial two on March 6, 2020. The novel coronavirus, which was detected late last year in the Chinese city of Wuhan, continues to unleash itself across the globe, already affecting over three-quarter of the world. As of March 23, 2020, over 360,000 cases had been registered worldwide, with 15,491 deaths, according to curated data.

Back in January, even before the World Health Organisation (WHO) declared the coronavirus a public health emergency of international concern, it had made known the possible danger of COVID-19 spreading to countries with weaker health systems like Cameroon. WHO called on countries to be proactive to contain the spread of the virus, as it was still at a stage where containment was possible. So, it may be safe to say the virus did not take Cameroon by surprise.

In response to the global health crisis, the government of Cameroon on March 17, 2020 adopted a 13-point measure to limit the spread of the coronavirus across the country. These include border closure, suspension of sporting events, shutdown of schools, the restriction of gathering of persons, amongst others. The government ought to have gotten a pat on the back. But considering the astronomical rise in the number of cases between the time the prevention plan was rolled out and now, it is clear the measures aren’t rigorous enough. Besides its glaring limitations, the strategy could further be undermined by a multiplicity of factors, most notably corruption.

Endemic Corruption

Transparency international says Cameroon is “greatly affected by corruption,” which is “so rampant,” citing specifically bribery and extortion. Cameroon has topped TI’s Corruption Perception Index twice as the most corrupt country in the world. And the country has continued to rank low. There is no doubt the coronavirus will meet the all-pervasive corruption in the country.

Experience has shown that crises, which often involve response money, breed corruption, particularly when officials are self-seeking opportunists. This could potentially increase the pace and danger of contagion as people subject to quarantine may likely bribe to circumvent it. There are recent reports that people from high-risk countries have been bribing their way into the country.

Also, health officials have been noted in the past for tampering with public health funds as was the case with Ebola money. As expected, companies have started pumping in millions of francs to support the government in its COVID-19 response. The government itself, international organizations and donors are set to put in money in a bid to wipe out the coronavirus. It will not be unusual if the response efforts are hindered by officials ‘pinching’ coronavirus money. Funds could also be embezzled through the organization of useless seminars and workshops, overbilled supplies, non-essential operations and payment to ghost personnel.

In addition, the country’s fragile healthcare system with limited infrastructure, protective gears, medicine, and trained staff may be overburdened should the number of positive cases skyrocket. This could create a situation whereby bribery will prevail as healthcare providers will face a situation of choosing who to treat first.

Lack of Public Trust

The success of the government’s response to the coronavirus largely depends on the collaboration of the population. Dr. Manaouda Malachie, Minister of Public Health, has on countless occasions called for more responsibility and vigilance of the population in the fight against the virus. But many still exhibit carefree attitudes. They booze in bars after the 6 PM restriction, do not observe social distancing, still gather in large numbers and are reticent to talk to health officials.

This is what happens when people do not trust the public officials calling on them to make sacrifices. How will they even trust them when a top member of government like Cavayé Yéguié Djibril (Speaker of National Assembly) does not give a damn to official advice to self-isolate upon returning from a high-risk country? When public officials gather in hundreds, yet ask others not to take part in gatherings of up to 50 persons?

As Cameroon battles to contain the spread of COVID-19, should citizens continue to mistrust public officials, there are going to be horrendous consequences. Many people won’t be willing to give up certain rights and privileges for the common good. In such a scenario, even the best COVID-19 response crafted by the world’s finest experts will crash.

Inadequate Basic Amenities/Poverty

As recommended by WHO, the government of Cameroon has re-echoed the frequent washing of hands with soap and running water as a measure to prevent the spread of COVID-19. This seems feasible in urban settings. But what about the over 50% of Cameroonians without access to potable water? In major cities across the country, water shortage is recurrent. Generally, a lack of water is the norm in rural and semi-urban settings. So, washing hands often is likely not going to be adopted as a new behavior when the priority is simply having water to drink or cook.

An oil exporter with a bloated bureaucracy, Cameroon’s poverty reduction rate is lagging behind its population growth rate, according to the World Bank. About 8.1 million people, mostly in rural and semi-urban areas live in poverty. This makes the implementation of some of the preventive measures extremely challenging as some people live hand-to-mouth. They can’t afford to stay at home no matter showing signs of high fever, cough and so on. Their main goal is simply survival.

As WHO pointed out, “poor sanitation facilities, the proliferation of informal economy and urban crowding pose additional challenges in the efforts to combat the highly infectious disease.” In Cameroon, these could be compounded by administrative negligence, poor communication strategy, misinformation and disinformation.

All hopes aren’t lost yet. The government can quickly revise its strategies and make hay while the sun shines.

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