Ghana’s outdated legal framework is inadequate for addressing modern corruption, according to Professor Henry Kwasi Prempeh, Chairman of President Mahama’s Constitutional Review Committee.
The renowned Constitutional Scholar, who is also the Executive Director of the Ghana Center for Democratic Development (CDD-Ghana), speaking at the 5th Constitution Day Public Lecture, emphasized the urgent need for legal reforms to strengthen anti-corruption efforts in the country.
The event, held under the theme “A Few Good Men: Suppressing and Repressing Corruption and State Capture in Aid of Development,” featured a keynote lecture by Special Prosecutor Kissi Agyebeng.
As a reviewer, Prof. Prempeh underscored the necessity of updating Ghana’s legal institutions and doctrines to address the rapidly evolving nature of corruption.
Prof. Prempeh acknowledged that the 1992 Constitution provides some tools for combating corruption but argued that the country’s legal system is too archaic to effectively deal with contemporary corruption challenges.
“There are some tools in the constitution even as we find it today. The constitution is not perfect, but it does have something in there that can be the basis of a credible fight against corruption”.
Professor Henry Kwasi Prempeh
However, he stressed the need for more innovative legal mechanisms. According to him, Ghana’s reliance on laws dating back to 1962 severely hinders efforts to combat corruption, particularly in comparison to developed countries where anti-corruption laws are regularly updated to match evolving tactics of corruption.
“I think our legal institutions, including our legal doctrines, are way too archaic for the time. We must embrace a lot of legal innovation because corruption mutates day by day. In developed countries, the laws are changing from time to time to tackle corruption, and we are relying on 1962 laws to fight. It is not fit for purpose”.
Professor Henry Kwasi Prempeh
His remarks highlight the pressing need for legislative updates to ensure that Ghana’s legal framework keeps pace with contemporary corruption trends and governance challenges.
Calls for Collective Action Against Corruption
Also speaking at the event was the Minority Leader and Member of Parliament for Effutu, Hon. Alexander Afenyo-Markin, who emphasized that tackling corruption should not be limited to political actors alone but should involve all sectors of Ghanaian society.
He questioned the tendency to restrict corruption discussions to political figures, urging Ghanaians to take a broader view of the issue.
“Do we often narrow the issue of corruption and limit it to the political class, or perhaps we have to broaden it and look at it as part of the general life of all of us as a people?”
Hon. Alexander Afenyo-Markin, Minority Leader and Member of Parliament for Effutu
He highlighted how societal expectations and cultural practices contribute to corruption, arguing that these factors often place leaders in vulnerable positions.
“As part of our culture, don’t we make ourselves vulnerable to what we call corruption? Our cultural lifestyle and how we relate to ourselves makes the leader very vulnerable, and in trying to meet those expectations, if you don’t have the resources, you may end up acting wrongly.”
Hon. Alexander Afenyo-Markin, Minority Leader and Member of Parliament for Effutu
He called for a collective approach to tackling corruption rather than placing sole blame on politicians.
“It is not enough to talk about corruption; we must look at a collective approach in how to deal with it. We cannot lay blame on one side; we have to be very collective and tackle it head-on.”
Hon. Alexander Afenyo-Markin, Minority Leader and Member of Parliament for Effutu
The Minority Leader also underscored the role of civil society in keeping political leaders accountable, encouraging citizens to continuously demand transparency and accountability.
“I encourage discussions by civil society, all aimed at cracking the whip on the political class. If somebody knows that on the radio, people will be talking about his lifestyle, he will be careful when he gets into office.”
Hon. Alexander Afenyo-Markin, Minority Leader and Member of Parliament for Effutu
He further asserted that laws alone are insufficient to combat corruption, emphasizing the importance of the people’s will to uphold accountability.
“The laws are just not enough. It is our collective will. And in the process, as citizens, we must never give up because giving up will mean leading us to a failed state. That cannot help us as a nation.”
Hon. Alexander Afenyo-Markin, Minority Leader and Member of Parliament for Effutu
Afenyo-Markin concluded by urging Ghanaians to continue putting pressure on all actors involved in corruption, not just politicians.
“Let us continue to crack the whip. Let us continue to be hard on the political class but at the same time other actors in that chain of corruption. Because if you leave the other actors and focus on the political class, dealing with the canker will still remain a big headache on our heads as a country.”
Hon. Alexander Afenyo-Markin, Minority Leader and Member of Parliament for Effutu
The remarks by both Prof. Prempeh and Hon. Afenyo-Markin underscore the need for a comprehensive approach to fighting corruption in Ghana. While Prof. Prempeh highlighted the outdated nature of Ghana’s legal framework, calling for urgent reforms, Afenyo-Markin advocated for a holistic societal approach, urging collective responsibility.
With corruption continually evolving, stakeholders, including legal experts, civil society, and policymakers, must work together to craft innovative legal and systemic solutions.
Only then can Ghana establish a robust anti-corruption mechanism that effectively addresses corruption at all levels.
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