By Nick Opoku, Ghana Center for Democratic Development (CDD-Ghana)
Public officials are entrusted with the authority to award contracts and manage public funds. To ensure that they act in the public's interest, many countries require them to declare assets, liabilities, and other interests, including those of their families. It is refreshing, therefore, that Ghana's new President, John Mahama, has expressed his commitment to prioritizing anti-corruption and a code of conduct for public officials.
The Conduct of Public Officers Bill, a draft law to strengthen existing legislation on asset declaration and regulate the conduct of public officials (“the Bill”), has suffered many stillbirths. It was not prioritized despite promises by the previous administration to ensure its passage.
Chapter 24 of Ghana’s Constitution and the Public Office Holders (Declaration of Assets and Disqualification) Act, 1998 (Act 550) form the regulatory framework for the declaration of assets and liabilities.
Having advised some multilateral and civil society organizations on anti-corruption strategy and legislative reform, I am acutely aware of the many loopholes within the law that impede anti-corruption efforts. I present the following analysis and recommendations for consideration and adoption by policymakers.
Addressing loopholes in existing law with the Bill
Every credible asset declaration framework is grounded on 5 key principles: (i) extensive coverage; (ii) accessibility; (iii) verifiability; (iv) frequency of filing; and (v) sanctions.
Coverage
Under Ghanaian law, persons subject to asset declaration laws are occupants of public office (defined by the constitution as those funded by public funds). Clause 56 of the Bill adopts this definition and adds that officers of companies in which the state has a “controlling interest” must also declare their assets.
This definition omits individuals serving at the state's behest, such as directors of companies in which the state holds a non-controlling interest. The state maintains a stake in several companies, including GOIL PLC (a listed company). As a shareholder, the Government of Ghana gets to appoint persons to serve on the boards of such companies. It is reasonable, therefore, to require these appointees to declare their assets and liabilities. The Bill’s scope should be expanded to include these appointees.
Public officials should also disclose personal and business assets, income sources, positions in organizations, debts, gifts, travel payments, and assets or income of their spouse and children. Countries like Kenya, Tanzania, Uganda, and Nigeria require separate declarations for spouses and children to prevent asset concealment. It is recommended that the Bill adopts similar provisions.
Frequency
Under Ghanaian law, public officers must declare their assets before taking office, every four years, and at the end of their tenure. Clause 4 of the Bill adopts this frequency.
However, a 4-year filing interval is too long for effective monitoring of public officials' wealth. Shorter intervals increase the chances of detecting corruption. Countries like Tanzania, the USA, Romania, South Korea, Bangladesh, India, and Sri Lanka require yearly filings, while Uganda and Kenya have a two-year interval. It is recommended that the Bill adopts at least a two-year filing interval.
Some may argue that a one or two-year filing interval conflicts with the Constitution, but this is incorrect. Article 286 of the Constitution only sets a minimum and maximum timeframe for asset declarations. Parliament can, pursuant to its residual legislative power, enact additional filing requirements within this timeframe, making such legislation constitutional.
Accessibility
Experience shows that public access to asset declarations strengthens the impact of these laws. However, Clause 12 of the Bill restricts disclosure to certain individuals, which is inconsistent with best practice. Countries like Tanzania and South Africa maintain publicly accessible registers for declarations. Public disclosure enables journalists, researchers, and civic groups to monitor accuracy. It is recommended that the Bill be revised to align with the Constitution and the Right to Information Act, 2019. Additionally, the Auditor-General should maintain a publicly accessible list of compliant public officers.
Verifiability
Clause 7 of the Bill prohibits public officers from submitting false declarations, but it lacks a mechanism for verifying accuracy. Without verification, the Auditor-General cannot determine if assets are ill-gotten. It is recommended that the Bill includes a verification mechanism to ensure the authenticity and accuracy of declarations.
Sanctions for breach
Violating asset declaration laws should be an offense, with severe consequences including fines and imprisonment. In Kenya, offenders can face a fine of up to 1 million shillings (about USD 7,600), up to one year in prison, or both.
It is recommended that individuals who fail to comply with asset declaration laws be suspended from public office until they fully comply with the law. Those who violate the law multiple times should be barred from holding public office for a set period. Section 9 of Act 550 states:
“(1) A person does not qualify to be appointed to any of the public offices specified in Schedule I to this Act if he is a person in respect of whom a commission of inquiry has found that, whilst holding a public office to which subsection (2) of this section applies, he—(a) acquired any assets unlawfully; or (b) defrauded the State; or (c) wilfully and dishonestly or corruptly acted in a manner prejudicial to the interest of the State; or (d) knowingly made a false declaration of his assets, properties or liabilities.” [Emphasis added.]
This provision allows for the suggested sanctions. However, it requires a commission of inquiry's finding, which delays enforcement. If the Auditor-General maintains an updated public register of compliant and defaulting officials, such a finding is hardly necessary. The Bill should amend this provision accordingly.
Enforcement
To enhance law enforcement, the Bill should specify a timeframe for CHRAJ and the Auditor-General to act on petitions regarding defaulting public officers. Leaving the timeframe open-ended can compound problems of non-enforcement.
Conclusion
Research shows that countries with strict asset declaration laws have lower perceived corruption. A rigorous framework can prevent abuse of power, reduce corruption, and boost public accountability. The new Ghanaian government, therefore, must prioritize strengthening the existing asset declaration framework.
Nicholas Opoku is a lawyer with experience in corporate law, regulatory compliance and strategic litigation. Nick has advised several local and international clients, including a major oil corporation and the fourth largest US bank, on a variety of commercial transactions and regulatory compliance issues.
Cite as: N.Opoku, (2025) Policy expectations of the new Ghana government: A robust asset and liability declaration framework Available at: https://ancl-radc.org.za/blog/policy-expectations-of-the-new-ghana-government-a-robust-asset-and-liability-declaration-framework(Accessed: [date] [month] [year])