Professor Kwaku Azar Asare, a Democracy and Development Fellow at CDD-Ghana has justified the legal and constitutional mandate backing President John Dramani Mahama’s ORAL (Operation Recover All Loots) Committee.
He emphasized that while some critics question its legality, the committee operates within constitutional provisions aimed at fighting corruption and safeguarding public resources.
Professor Asare began by addressing the preparatory nature of a president-elect’s actions before officially assuming office. He stated;
“When a president wants to hit the ground running as soon as he’s confirmed as the president, he starts doing a lot of things. In addition, the state security starts guiding him even though he’s not president and he’s president-elect.”
Prof. Kwaku Azar Asare Democracy and Development Fellow at CDD-Ghana
This proactive approach is crucial for ensuring a smooth transition and immediate governance effectiveness once in office. He emphasized;
“This is not a commission of inquiry. We know how a commission of inquiry is set up. A commission of inquiry is not just set up by announcement. It’s set up by a constitutional instrument.”
Prof. Kwaku Azar Asare Democracy and Development Fellow at CDD-Ghana
Instead, the ORAL Committee functions similarly to previous investigative bodies, such as the Office of Accountability set up by President Kuffour during his government.
Prof. Asare emphasized that setting up such committees is within the president’s purview under various constitutional articles, stating;
“Setting up a committee to collect information on wrongdoing is something that is entirely within his[President] mandate under article 58.”
Prof. Kwaku Azar Asare Democracy and Development Fellow at CDD-Ghana
Prof. Asare further highlighted other constitutional articles that justify the committee’s existence. These include Article 36(2), which charges the president with safeguarding public property, and Article 257, clause 6 which designates the president as a trustee of public land and resources. He indicated;
“While we are supposed to expose wrongdoing, it is to channel these things to the committee that has been set up by the president.”
Prof. Kwaku Azar Asare Democracy and Development Fellow at CDD-Ghana
Beyond the constitution, Prof. Asare highlighted statutory provisions that align with ORAL’s objectives.
“For example, article 35 clause 8 says that the state shall take steps to eradicate corrupt practices and the abuse of power. All of that must be done within the constitution.”
Prof. Kwaku Azar Asare Democracy and Development Fellow at CDD-Ghana
This statutory foundation strengthens the committee’s legitimacy in addressing corruption and ensuring public accountability.
Moreover, Prof. Asare addressed criticisms regarding the committee’s lack of legal mandate to summon or prosecute individuals. He argued that ORAL’s role is primarily to validate complaints and direct them to appropriate authorities. He added;
“ORAL does not have the power to arrest. It hasn’t arrested anyone to the best of my knowledge. It doesn’t have the power to detain. It hasn’t detained anyone to the best of my knowledge.”
Prof. Kwaku Azar Asare Democracy and Development Fellow at CDD-Ghana
Historical Context: ORAL in Comparison
Prof. Asare drew parallels between ORAL and past committees formed during political transitions. He pointed out;
“Every time we elect a new government; there’s some form of ORAL and that happens because, in this country, regime accountability is very scarce.”
Prof. Kwaku Azar Asare Democracy and Development Fellow at CDD-Ghana
He referred to the example of Sarfo Mafo, who similarly set up an investigative body to probe the outgoing government, inviting foreign agencies to assist. He asserted;
“What President Mahama is doing with ORAL is nothing new. The noise about its illegality and unconstitutionality is new. But the concept itself of investigating an outgoing government is not new.”
Prof. Kwaku Azar Asare Democracy and Development Fellow at CDD-Ghana
Prof. Asare affirmed that the ORAL Committee is a necessary tool for combating corruption and ensuring governance accountability. While the method may attract criticism, its foundation in constitutional provisions is loud and clear.
This comprehensive analysis highlights the committee’s legitimacy and the broader implications grounding the rationale behind individuals holding public offices in Ghana.
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