IEA Calls for Stronger Constitutional Rules on Unexplained Wealth

The Institute of Economic Affairs (IEA) has backed recommendations by the Constitutional Review Committee to strengthen Ghana’s constitutional provisions on unexplained wealth and asset declarations by public officials.

The IEA says tackling corruption requires more than broad constitutional principles, arguing that clear and enforceable measures are necessary to improve accountability and address illicit enrichment involving public officials and their families.

Speaking at a press conference on Wednesday, September 23, IEA Fellow and former Chief Justice Sophia Akuffo said the Constitution Review Committee, chaired by Professor H. Kwesi Prempeh, had proposed amendments aimed at strengthening Article 286.

According to her, the recommendations include measures to address unexplained increases in the wealth of public officials through lifestyle and wealth audits, a reverse burden of proof subject to appropriate safeguards, and stricter deadlines for the declaration of assets.

“The Professor H. Kwesi Prempeh Committee proposed strengthening Article 286(4) through mechanisms addressing unexplained increases in the wealth of public officials, including lifestyle and wealth audits, a reverse burden of proof, subject to appropriate safeguards, and stricter deadlines for asset declarations,” she said.

IEA calls for constitutional backing

The IEA said although the government has indicated a preference for addressing some of the recommendations through legislation, it supports constitutionalising the proposals of the Professor H. Kwesi Prempeh-led committee.

Prof. Akuffo said constitutional provisions would provide stronger and more enforceable obligations for public officials.

“The IEA’s position is that combating corruption requires more than general constitutional principles and that clear enforceable obligations are necessary to create credible mechanisms for detecting and addressing illicit enrichment by public officials and their families,” she said.

She nevertheless stressed that stronger accountability measures must be accompanied by safeguards to protect the rights of public officials.

“The debate should nevertheless carefully consider due process, evidentiary standards and safeguards against abuse,” she added.

Balancing accountability and rights

Prof. Akuffo said an effective accountability framework must strike a balance between protecting legitimate rights and requiring public office holders to explain substantial and unexplained increases in their wealth.

“A stronger accountability system must simultaneously protect legitimate rights and ensure that public office holders can be required to explain significant and unexplained increases in wealth,” she said.

Her comments come after the inauguration of the 11-member Constitution Review Implementation Committee (CRIC), which has been tasked with advancing proposals arising from the review of Ghana’s 1992 Constitution.

The inauguration followed the government’s release of its position paper on recommendations contained in the report of the Constitution Review Committee chaired by Professor H. Kwesi Prempeh.

The CRIC is chaired by Presidential Legal Counsel and former Attorney-General and Minister of Justice, Marietta Brew.

The committee is expected to examine the government’s position paper alongside the Constitution Review Committee’s report and develop a comprehensive framework for implementing the proposals that are approved.