Causing financial loss to the state is vague
POLITICAL commentators and social analysts have called for a review of the law on “causing financial loss to the state”.
Reacting to the judgement in the Quality Grains case which caused the conviction and subsequent imprisonment of two former Ministers of State and a public servant in the former National Democratic Congress (NDC) administration on Monday, they said the law as it stands is vague and not explicit.
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They, therefore, called on the government to review the law and seek a better mechanism for holding public officials accountable for any omission and commission in the discharge of their duties.
The convicts are Kwame Peprah, former Minister of Finance, who was sentenced to a maximum of four years imprisonment and Ibrahim Adam, former Minister of Food and Agriculture, who was sentenced to two years imprisonment.
A former Director of Legal Sector, Private and Financial Institutions Division of the Ministry of Finance, George Sipah Yankey, was slapped with a three-year jail sentence.
According to the Director of the Ghana Institute of Journalism, Mr David Newton, the law on “causing financial loss to the state” is vague and its merits only lie in the discretion of the judge.
Mr Newton said even though there is 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.
He noted that he is concerned about this particular case because of the amount involved and said there is the need for such public officials to be held liable for the offence.
He said, ”Considering the way Ms Cotton managed to swindle the public officials to acquire such an amount shows how weak our system has been’.
The Associate Director of the Ghana Centre for Democratic Development (CDD), Dr Baffour Agyeman-Dua, said it is unfortunate that officials who did not mean evil have caught by the law.
Dr Agyeman-Dua, said it is important for public officials to be mindful of decisions they make on behalf of the state and suggested that a better way be considered for holding public officials for omissions and commissions. He, therefore, called for the legislature to review this particular law and seek a better mechanism for holding public officials accountable.
He noted particularly, that there could be multiple ways of checking and cross checking decisions made by officials on public funds.
Dr Agyeman-Dua said individuals should not be allowed to commit the country to agreements with the Attorney-General without properly studying the document before final approval.
He suggested that before agreements of such a nature are signed it is proper for the Attorney-General as well as a committee comprising legal brains to study it, possibly with the involvement of cabinet before it is finally signed.
He noted that if such mechanisms are put in place, any public official who defies it will be held responsible. Dr Agyeman Dua deplored the situation in which a foreigner from a western country should come down to Ghana to swindle us and said such officials should be punished.
Mr Mathew Mac-Kwame of the Ghana Institute of Journalism (GIJ) said the law is bad and that he did not know why it was passed in the previous administration.
‘I believe that public office holders who show negligence which causes financial loss to the state should be dispassionately investigated.
Commenting, Professor Atsu Ayee, Dean of the faculty of Social Studies of the University of Ghana, said the law is fundamental in checking the conduct of public servants making them more careful in their dealings with agreements.
Prof Ayee said it is unfortunate that the convicts did not benefit directly from the deal but have to suffer for it.
He, therefore, called for a consistent procedure that will guide public servants in entering such agreements.
“ I don’t believe the judgement is politically biased; the lesson is that we must protect our nation and be accountable,” he said.
Some members of the legal fraternity at the Ghana Law School and the Faculty of Law at the University of Ghana, Legon who were contacted, said they cannot comment on the issue since they have not had copies of the judgement.
They contended that before they comment on the judgement, they must have access to it, study the facts available before they can make any informed submission.