Prof. Stephen Kwaku Asare, a Democracy and Development Fellow at CDD-Gahana has asserted that Operation Recover All Loots (ORAL) should be a permanent initiative.
He argued that the President does not require new legislation to establish a committee for addressing complaints of corruption, waste, or misappropriation of public assets.
According to Asare, the Constitution and existing legal frameworks already provide the President with extensive executive powers to form advisory or investigative committees for such purposes.
“Article 58 (1) and (2) of the 1992 Constitution vests executive authority of Ghana in the President. This authority includes implementing policies, managing public administration, and ensuring the execution of laws. Setting up a committee to receive complaints aligns with the President’s mandate to oversee the proper administration of the country.
“The President can act within this authority without the need for additional legislation, provided the committee’s activities do not conflict with existing laws or usurp powers reserved for other constitutional bodies”.
Prof. Stephen Kwaku Asare
Prof. Asare further explained that the President holds the authority to establish temporary committees, task forces, or advisory bodies under executive powers to aid in governance or tackle specific issues like corruption, illegal mining, or waste management.
He emphasized that these committees do not need formal legal backing since they do not possess judicial or enforcement powers.
He indicated that instead, they function as administrative instruments designed to gather information, receive complaints, and provide recommendations.
Asare pointed out that the President’s committee would enhance existing anti-corruption and accountability frameworks, including the Commission on Human Rights and Administrative Justice (CHRAJ), the Economic and Organized Crime Office (EOCO), the Office of the Special Prosecutor (OSP), and the Auditor-General’s office.
He suggested that the ORAL committee could act as a streamlined platform for receiving and directing complaints to these statutory bodies for further investigation and enforcement, thereby preventing the duplication of efforts.
Asare emphasized that there is no need for legislative backing if the committee’s role is confined to receiving and reporting complaints without engaging in enforcement actions like arrests or prosecutions.
“It operates within the President’s administrative discretion, much like task forces or commissions set up to investigate specific issues”.
Prof. Stephen Kwaku Asare
Ghana’s Precedent for Presidential Committees Without Legislative Approval Highlighted
Furthermore, Prof. Stephen Kwaku Asare highlighted that Ghana has a precedent of presidents forming ad hoc committees without requiring legislative approval.
Such committees, tasked with addressing governance reforms, disaster response, or specific sector challenges, have often been established through presidential directives.
He also pointed out that during President Akufo-Addo’s administration, the Senior Minister was tasked with coordinating corruption investigations.
According to him, these committees, as noted by the Senior Minister, even included the involvement of foreign nationals.
Asare emphasized that he supported this initiative, similar to his support for the ORAL committee.
“Principle of Checks and Balances; The committee’s scope would be administrative, meaning it does not interfere with the powers of other constitutionally mandated bodies, such as CHRAJ, EOCO, or the judiciary. As such, it does not require legislative approval.
“Practical Considerations; Budgetary Allocation: While the committee does not need legislation to be formed, its operations may require public funds. These funds must be allocated within the existing budgetary framework, subject to parliamentary approval”.
Prof. Stephen Kwaku Asare
Asare also highlighted the importance of transparency and collaboration, emphasizing that the committee should work in coordination with existing anti-corruption agencies to prevent overlap and enhance effectiveness.
He explained that the President, under the broad executive powers provided by the 1992 Constitution, can establish a committee to handle complaints of corruption, waste, or misappropriation of public assets.
According to him, this committee would function as an administrative or advisory body and would not require additional legislation unless it is granted enforcement or prosecutorial powers.
Asare likened the ORAL committee’s role to using CCTV for crime surveillance, suggesting that similar measures are necessary to monitor corruption.
He described ORAL as a CCTV for corruption. “GOGO endorses ORAL and any initiatives aimed at holding looters accountable, as it has consistently done in the past and will continue to do until looting is eradicated”.
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