Pressure group, OccupyGhana, has threatened to petition the Attorney General to commence high crime proceedings against the Audit Service.
According to the pressure group, it is questioning the whereabouts of last year’s edition of the Auditor General’s report. It indicated that the document will aid them to find out details about Ghana’s public accounts and public offices within the said calendar year.
Contained in a statement, OccupyGhana revealed that attempts by the team to peruse the website of the Department for government expenditure and boost accountability have proven futile as of August 24, 2022.
The pressure group highlighted on Article 187(5) of the 1992 Constitution which demands that the Audit Service publishes and submit the accounts within six months after the end of the immediately preceding financial year on each of the accounts.
“This, if we ascertain, upon reading your reports that you have not obeyed or carried out the terms of the Supreme Court’s order, we will, first petition the Attorney-General to commence high crime proceedings against you. If the Attorney-General does not commence those proceedings, we will commence contempt proceedings against you.”
OccupyGhana
OccupyGhana iterated that it is vested and interested in ascertaining whether the Service has done the needful, and if so, within the time set down by the constitution. It noted that it will in accordance to article 187(7) of the constitution be paying close attention to among other things, any expenditure which is contrary to the law, and any sum which has not been duly brought into account and also “any loss or deficiency arising from negligence or misconduct”.
Inquiry into Audit Service publishing of 2021 report
OccupyGhana regrettably stated that its recent discussions with the Service has revealed their “inexplicable and inexcusable reluctance to issue disallowances and surcharges even when the Service’s reports have shown that some of the above circumstances exist”.
“We will therefore check whether in accordance with the express and mandatory terms of article 187(7), and in compliance with the mandatory injunctive orders of the Supreme Court in OccupyGhana v Attorney-General, you have duly issued disallowances and surcharges on the above.”
OccupyGhana
Elaborating on the implications of not complying with the constitutions, OccupyGhana explained that under article 2(4) of the constitution, the “failure, refusal or neglect to obey or carry out the terms of an order or direction made or given by the Supreme Court in enforcement of the constitution”, such as those directed at the Service in OccupyGhana v Attorney- General, constitutes a high crime.
“… Under article 2(5), a person convicted of a high crime is liable to up to 10 years imprisonment without the option of a fine, and a 10 year post sentence prohibition from serving in any public office.”
OccupyGhana
Prior to this, A total amount of ¢12.85 billion irregularities equivalent of $918.28 million was committed in 2020 by public boards, corporations and other statutory institutions.
According to the report, the irregularities include outstanding debtors, cash irregularities, payroll irregularities, tax irregularities, procurement irregularities, stores irregularities and contract irregularities.
From the report, the total irregularities figure of ¢718.08 million in 2016 increased to ¢12.002 billion in 2017. The irregularities declined by ¢8.99 billion in 2018 to ¢3.007 billion.
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