Author: Dennis Owusu-Appiah Ofosuapea Esq

Background

The lifeline of every nation is its security. No nation sits in feasting with it. In many ways, National Security invokes fear and uncertainty. Her role in the annals of civility is not in doubt and yet questionable in deeds.  Too often the faces the nation sees as representing the institution is no way representative at all in terms of numbers, words, and works. Their existence and or essence is chaotic and anarchic in nature and yet necessary for the survival of a nation. The conclusion on their justification only lies in the view the world expresses on the standing of the Mosque, the Church and or the Shrine: only in their absence we may fully know the utility of their presence. This paper shall attempt to lay bare basic understanding of the nature, form and substance of national security nomenclature; put forward the legal scope of her mandate; and detail her success and failures of the mandate of economic protection from agent of crime: abetment, aiding, conspiracy over fraud and political looting brigade by the very trustees of the land.

This piece is the first part of three parts of the paper. The first part shall detail the architecture of National Security and present few issues on economic sabotage as the case may be. The second part shall detail Ghana economic sabotage together with specific persons behind it over the last two decades with their unexplained wealth and or influence. The last shall put forward the remedy established by law and how to hold these individuals to account to the nation by the Ghanaian people themselves, if they may.

Security and related Matters

In the view of Henry Kissinger, national security is wide but simple in meaning, and it is all that a nation or state has to do in order to maintain unity, cohesion and stability of herself from aggression, overt or covert, internal and or external.[1] It is in furtherance to this that the state must rely on physical armament and forces such as military on land, air and or sea as well as invisible forces such as sound and solid intelligence gathering.[2]

Flowing from the above authoritative point of views, it is sound to state that national security refers to the mission duty of the state or country or kingdom or union of states to protect itself from disintegration out of aggression and or attacks. It particularly refers to and includes the strategy in the form of laws and policies, as well as institutions with trained personnel who run this norm of strategies into the achieving of the mission duty of unity, cohesion and stability of the entity called state and or whatsoever name it may be called.

In Ghana, the Constitution mandates the state to ensure this cohesion, unity and stability of corporate Ghana. This mandate indeed runs on the legal order, institutions created by the legal order and personnel trained to administer the national security body of institutions. This body of national security institutions under our constitutional order is huge and her mandate wide. The paper shall proceed to demonstrate this assertion.

The Architecture of National Security Council

The General Contours of National Security Council, NSC, in Ghana is originated and circumscribed by the Ghanaian constitutional order. Indeed, it has been submitted by the Government of Ghana on this subject-matter thus:

The general architecture of state security is governed by articles 83 to 85 of the Constitution and the Security and Intelligence Agencies Act, 1996 (Act 526), which outline the roles and White Paper on the Report of the Commission of Inquiry into the Ayawaso West Wuogon Events 18 responsibilities of the various security agencies. The Government is of the view that there is sufficient clarity on this matter.”[3]

Flowing from the above stated law, it is clear that the National Security Council is the pinnacle echelon of all national security line of authority in the Republic. It also means that the head of government and the head of state of the Republic controls the entire national security issues in Ghana as the commander-in-chief of Ghana Armed Forces. 

Reading from the composition of the National Security Council,[4] it is submitted that besides the President being the head of National Security of the Republic, the Ghanaian people have imposed on the President to exercise that national security authority with the following Nineteen (19) other persons and or Institutions of State:

  • Vice President
  • Ministry of Defence represented by the Minister of Defence.
  • Ministry of Interior represented by the Minister of Interior.
  • Ministry of Finance represented by Minister of Finance
  • Ministry of Foreign Affairs represented by the Foreign Affairs Minister.
  • Ghana Armed Forces represented by the Chief of Defence Staff and two other members of the force.
  • Ghana Police Service represented by the Inspector General of Police with Two (2) other members of GPS.
  • Prison service represented by Director General of Prisons ervice.
  • Director of External Intelligence of Ministry of Foreign Affairs.
  • Director of Internal Intelligence of Ministry of Interior.
  • Director of Military Intelligence of Ghana Armed Forces.
  • Commissioner of Customs, Excise and Preventive Service.
  • Three other persons appointed by the President of the Republic.

It is worthy to add that the law imposes a secretary on the NSC and that is the sitting Cabinet Secretary of the Republic at all times.[5] This brings the number of persons in the NSC to Twenty-One (21) persons.

Function of National Security Council

There are always two main parts to the relevance and significance of an institution of state: mandate and authority.[6] NSC is thus measured in strength by her roles and or functions as imposed on her by the law. Under the Constitution and Securities and Intelligence Agencies Act, the following are among the functions of NSC:

“The functions of the National Security Council include— (a) considering and taking appropriate measures to safeguard the internal and external security of Ghana;

 (b) ensuring the collection of information relating to the security of Ghana and the integration of the domestic, foreign and security policies relating to it so as to enable the security services and other departments and agencies of the Government to co-operate more effectively in matters relating to national security; assessing and appraising the objectives, commitments and risks of Ghana in relation to the actual and potential military power in the interest of national security; and

 (d) taking appropriate measures regarding the consideration of policies on matters of common interest to the departments and agencies of the Government concerned with national security.”[7]

The NSC further plays the role of governing council. NSC is therefore the governing body of all the intelligence agencies under Act 526.[8]

Regional and District Security Councils & Reporting lines

Under the legal order of NSC vis-à-vis the operations of the NSC, a certain semblance of decentralization model is adopted even though control is centralized. NSC is thus operationalized from the district, municipal and metropolitan assembly levels through to the regional and to the national center.[9] Through the ambit of operations, the regional and district security councils are merely committees of NSC. [10]

Regional Security Council, REGSEC

In line with one of the objects of this piece, which is to inform the Ghanaian about the colossal architecture of the NSC, the membership of regional Security Council shall be put forward.

REGSEC membership are: the Regional Minister, as the chairman; the Deputy Regional Minister or Ministers, the chief executive of the Metropolitan, Municipal or District Assembly in the Regional capital, an officer of the Armed Forces nominated by the Chief of Defence Staff, the Regional Police Commander, the Regional Crime Officer, the regional officer of the internal intelligence agency Bureau of National Investigation and the Research Department of Foreign Affairs Ministry; the Customs, Excise and Preventive Service officer in charge of the Region; the Prisons Service officer in charge of the Region; the immigration officer in charge of the Region; the Fire Service officer in charge of the Region; and  two other persons nominated by the Regional Minister in consultation with the national security co-ordinator.

The composition of REGSEC per each region totals 13 personnel as stated under the law. This brings the total number for the Sixteen (16) regions in the Republic to total personnel of Two Hundred and Eight (208).

 These 208 REGSEC personnel together have their functions spelt out under the law. The law states that REGSEC performs the functions assigned to it by NSC; provides early warning to the Government of the existence or likelihood of a security threat to the Region, to the country or to the Government.[11]

It is submitted for a critical analysis that, REGSEC when she is reporting on threat or likelihood of threat to her region, government or country, the warning report does not go to NSC: it goes to the Government.[12]

District Security Council

The next committee of the National Security Council under the Nation’s security legal order is District Security Council, DISEC. DISEC is fully constituted by the District or Municipal or Metropolitan Chief Executive, as the chairman; the District Police Commander;  the District Crime Officer;  the District Representative of the Internal Intelligence Agency; the Customs, Excise and Preventive Service officer in charge of the district; the Immigration Officer in charge of the district; the Fire Service officer in charge of the district; and two other persons nominated by the District Chief Executive in consultation with the coordinator.[13]

It is worthy to note hereto that currently Ghana is administratively divided into Two Hundred and Sixty (260) districts. Therefore, Ghana has at least Two Thousand Three Hundred and Forty (2340) personnel running National Security apparatus at the District, Municipal and Metropolitan geographical areas under the Ghanaian landscape of national security.

When it comes to the functions placed on DISEC, she has two and they are to:

  1. perform the functions of the Council assigned to it by the National Security, and
  2. provide early warning to the Government of the existence or likelihood of a security threat to the district, to the country or to the Government.[14]

As it is in the case of RESEC, it is equally submitted for a critical analysis that, DISEC when she is reporting on threat or likelihood of threat to her district, government or country, the warning report does not go to NSC: it goes to the Government.[15]

Intelligence Agencies

Ghana has two national security intelligence agencies. One for internal intelligence and the other for external intelligence. Bureau of National Intelligence, BNI, leads and gathers internal intelligence. Research Department of Foreign Affairs Ministry, deals with external intelligence gathering.[16]

These two intelligence agencies of the Republic of Ghana, are led by directors appointed by the President of the Republic and their governance is steered by the National Security Council.[17] The law further grants the President the authority to decide under which Ministry the said intelligence agencies ought to operate thereunder.[18] Over the years, however, BNI has operated under Interior Ministry and Ministry of Foreign Affairs has managed the Research Department.

Under Act 526, the two intelligence agencies of the State of Ghana have a number of obligations to discharge[19]. These are to:

  1. collect, analyse, retain and disseminate as appropriate information and intelligence regarding activities that may constitute threats to the security of the Republic or the Government;
  2. safeguard the economic wellbeing of the Republic against threats posed by the acts or omissions of persons or organisations both inside and outside the country;
  3. protect the Republic against threats of espionage, sabotage, terrorism, hijacking, piracy, drug trafficking and similar offences;
  4. protect the Republic against the activities of persons, both national and non-nationals, intended to overthrow the Government or undermine the constitutional order through illegal political, military, industrial or any other means or through any other unconstitutional method; and
  5.  perform any other functions directed by the President or the Council.[20]

It is noticed that one of the main mandates of the intelligence agencies, is to safeguard the economic wellbeing of the Republic against threats internal and external to the State of Ghana. This paper shall analyze the data hereunder and draw a conclusion on this particular mandate on the part of the National Security Council, especially as per the Country’s agencies on intelligence.

One thing that requires further emphasis is that both BNI and the Research Department work through a number of hired labour whose identity is both known and unknown to the Ghanaian people. Indeed, these numbers run into thousands.

National Security Coordinator

There is no mentioning of a national security coordinator under the Constitution. The office is provided under section 18(2) of Act 526. This office in the face of article 85 of the Constitution is doubtful in terms of its constitutionality. The same doubt is even stronger with respect to the two intelligence agencies. For the avoidance of doubt, the Constitution provides the doubt as follows:

“No agency, establishment or other organization concerned with national security shall be established except as provided for under this Constitution.”[21]

It is thus submitted that the National Security Coordinator office and that of the two intelligence agencies have not been provided for under the 1992 Constitution of the Republic of Ghana. Consequently, the conclusion of doubt is an obvious one.

Nonetheless, it is provided under Act 526 thus: it is imposed on the President to appoint a National Security Coordinator into the designated office with appointed and or hired officers,[22] called National Security Coordinator. The office shall thus perform the following functions:

  1. to co-ordinate on a day-to-day basis the activities of the national, regional and district security councils and the activities of the intelligence agencies;
  2. to collate and evaluate intelligence reports relating to national security and ensure dissemination of the information within the Government as appropriate;
  3. to determine in consultation with the directors of the intelligence agencies the manpower level requirements of the intelligence agencies;
  4. to assist the relevant intelligence agency to gather defence intelligence both internal and external and use the information to detect and prevent threats to the security of the Republic; and
  5. to perform any other functions relating to the functions specified in this section directed by the President or the Council.[23]

Under Act 526, there is no mentioning of regional and district security coordinators. Nonetheless, it appears that the other staff for the National Security Coordinator has permitted the appointment of regional and district security coordinators. More often than not, there are Deputy National Security Coordinators, Deputy Regional Security Coordinators and District Deputy Security Coordinators. This brings the total number of security and deputy security coordinators to a minimum of Three Hundred and Fifty-Four top personnel in the National Security Coordinator’s office.

National Security Offences

What constitutes national security offences and or details thereto is beyond the scope of this paper. Nonetheless, in order to give clear meaning to the issues of economic sabotage by the President and her servants in the National Security Council against the welfare of the Ghanaian people, it shall be relevant to give a brief idea as what constitutes such offences. This writer shall revisit the issue of national security offences under the Ghanaian legal order in another paper.

It is important to restate that not all offences are capable of bringing down the stability, cohesion and unity of the State of Ghana on her knees. For example, an assault or rape is an offence. But this kind of offences, are not on the face of it, permissible in collapsing the Nation Ghana unless their magnitude is of colossal proportion. That said, there are offences that have been designated national security offences by law.

A good starting point is what the Act 526 itself refers to as threat to security in the Republic. It is provided that such threat to our national security includes the following:

  1. espionage or sabotage that is against the Republic or is detrimental to the interest of the Republic, or activities directed towards or in support of that espionage or sabotage;
  2. foreign influenced activities within or relating to the Republic that are detrimental to the interest of the Republic and are clandestine or deceptive or involve a threat to a person; or
  3. activities within or relating to the Republic directed towards or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political objective within the Republic or a foreign state.[24]

Flowing from the law above stated, it is clear that one of the main national security threats is the use of acts of serious violence against persons or property for the purpose of achieving a political objective in the Republic of Ghana.

It further submitted that there is an offence of economic and organized crime with a whole state institution in charge of same.[25] The Economic and Organized Crime Office has the mandate to deal with tax fraud; money laundering; and financial or economic loss to the Republic, inter alia.[26] The Governing body of the EOCO, is appointed by the President of the Republic of Ghana.[27]

The Public Financial Management Act, 2016 (Act 921) has also created a number of offences.[28] This includes: whoever fails to collect moneys due the Government as well as failing to report knowledge or information in respect of fraud against Government property, commits an offence. Government property has been defined by law to mean all movable and non-movable assets or chattels owned by Government such as land, buildings, plants, vehicles, machinery and equipment, inter alia.[29]

The next legal regime sitting on our national wealth with a goal to prevent waste is the Public Procurement Act, 2003 (Act 663) as amended. As per the long title, it is an Act that provides for the legal order in terms of public procurement; creates the body for Public Procurement Board with a corporate nature[30]; and put in place the legal procedure for tendering, inter alia.  The President appoints all the members of the Board.[31]

This Act also creates a number of offences relating to procurement and related matters. A mere violation of any provision of Act 663 amounts to an offence tantamount to a maximum term of five (5) years imprisonment.[32]

The final legal regimes this paper finds it worthy to mention, are the Anti-Money Laundering Act, 2008 (Act 749) as amended, Anti-Terrorism Act, 2008 (Act 762) as amended, and Anti-Money Laundering Regulations, 2011 (LI 1987). These set of laws create a number of offences bothering on movement of crime funds in and out of Ghana. 

Act 749 as amended further creates an institution of state called Financial Intelligence Centre, FIC, with a corporate character.[33] It is imposed on FIC by the Act the following objects to:

  • assist in the identification of proceeds of unlawful activity and the combat of money laundering activities;
  • make information available to investigating authorities, the intelligence agencies and the revenue agencies to facilitate the administration and enforcement of the laws of the Republic; and
  • exchange information with similar bodies in other countries as regards money laundering activities and similar offences.[34]

Flowing from the above stated object, FIC is mandated by law to feed the BNI and the Research Department with relevant information in order to administer and enforce national security norms and policies of the Republic of Ghana with respect to movement of money. The governing body of FIC is appointed by the President of the Republic of Ghana.[35]

Relevant data on economic sabotage by the State

Ghana has experienced huge loses in terms of its wealth and resources thereby keeping the people in a constant state of a struggled progress. This, there is a little disagreement. At the same time, many in the arena of the state medium have acquired wealth that their salaries and wages cannot justify. In the realm, the primary function of the State to maintain order and security by means of law backed by force is ceded to the National Security. The President being the Government of Ghana, is the medium through which the State fulfils its primary objective of maintaining peace and security. In the face of the President, the following three examples of economic sabotage would demonstrate a clear case of dereliction of duty with respect to economic progress of the Ghanaian despite the powers vested in the President to ensure that wealth of the sovereign people are secured.

Tax Fraud and irregularities

From the days of Caesar and from the fall outs of the Treaty of Westphalia; Empires, Kingdoms, and Nation-States, have built themselves from nature to industrial planes. Ghana has always known this and all our policies have been driven by this knowledge.  Respecting those who have the right expertise, tax waivers build nations too. What is ironic is what has become the scheming by the very elect in driving the otherwise good policy of tax waivers and tax incentives into the abyss of crime and fraud.

Under the Auditor – General Report for the year 2018,[36] the following findings were stated as tax irregularities in Ghana:

In 2014 tax irregularities in this Republic amounted to Two Hundred and Seventeen Million, One Hundred And Eighty-Six Thousand, Five Hundred And Thirty-Three Ghana Cedis and Forty-Five Pesewas (GHS217,186,533.45).

In 2015, tax fraud was Three Hundred and Five million, Four Hundred and Seventeen Thousand, and Twenty-One Ghana Cedis and Forty-Two Pesewas (GHS305,417,021.42).

The Report states for 2016 tax irregularities as Forty-Two Million Eight Hundred and Sixty-Six Thousand Four Hundred and Ninety Ghana Cedis and Seven Pesewas (GHS42,866,490.70).

The Reports further states that in 2017, the amount was Six Hundred and Fifty-Five Million, Five Hundred and Ninety-Nine Thousand, Seven Hundred and Thirty-Six Ghana Cedis and Thirty-Three Pesewas (GHS655,599,736.33)

Then comes to 2018 and this fraud gains Usain Bolt speed to the finishing line of:  Four Billion, Seven Hundred Eighty-Eight Million, Two Hundred Eighty-Four Thousand, Seven Hundred And Ninety-Nine Ghana Cedis, without pesewas (GHS4,788,284,799.00)

This is the Ghana we live in with colossal pyramidal ship of National Security Council. The Public Accounts Committee of Ghanaian Parliament has staged many public theaters on this matter and dusted many reports thereon to their credit. The agents of crime laughed all the way to their homes.

In the recent years, the Auditor-General has been boxing with the powers of the crime empire on his constitutional mandate of disallowance and surcharges under article 187 clause 7 of the 1992 Constitution. Our Courts is flooded with appeals from the decision made under this provision, made possible by the High Court (Civil Procedure) (Amendment) (No. 2) Rules, 2016, CI 102. So far, not much has been recovered under this regime either.

Source of political campaign financing

All major nations with credible protection to its national security and welfare of their people take funding of acquisition of ultimate political power seriously. The ultimate object is to jealously guide against foreign elements taking over the sovereign will of the people.

In the Republic of Ghana, the Constitution has provided a major legal order for the funding or political campaign financing. The Constitution has made it clear: only Ghanaians, to the exclusion of all others, are entitled to fund political campaign of persons seeking political power to run the affairs of the nation. The exception is also laid down by law. The source of funding is to be detailed and reported to the Electoral Commission within stated timelines. The Political Parties Act has endorsed this stated constitutional injunction on political actors and state institutions involved. Over the last 27 years into the 4th Republic, there is no a single state sponsored report on the legal regime as laid down by the supreme law of the land.

Today, it has become clear to all those with eyes and ears that the Nation’s ultimate political center of elected offices is on sale. The source of the purchase price is a huge suspect. National Security Council has turned a blind eye even as it becomes the crime itself.

Over the last decade, officials of the two major political parties in Ghana have admitted publicly that they have funded their activities from foreign monies. The Chairman of the current ruling party in Ghana admitted same on air. In 2010, the ruling party then accepted items in kind from a communist party in China in the full glare of their Ghanaian media and Ghanaian people.

The EC which is the Regulator mandated to ensure that the legal regime of source of political campaign financing is followed by all actors within the political machine, has not acted. Over the last four (4) years, there has been Court Judgement rendered by the Human Rights Court, Accra, in which express orders were directed at the EC to implement the law under reference. EC has not acted. And thus, the reports sitting with the EC by these political forces, are just a piece of abuse, to say the least. The current President has not filed any report or at all before the EC indicating how he financed his elections over the years, leading to ascending onto the highest office in the land. All the previous Presidents have none either before the EC. Consequently, the looting of the national resources go on unabated and the National Security Council is found wanting.

Land acquisitions and the Fraudulent Base

Over the last few days, Ghana Government has had to apologize to the Federal Republic of Nigeria for witnessing a private citizen entering onto the Residency of her High Commissioner, and bringing part of the entire structure down in Accra-Ghana.

Under the said scandal was a double issuance of state guaranteed registration documents covering the same piece of land to two adverse contesting parties to the land in issue. The Ghanaian Minister for Foreign Affairs and Regional Integration confirmed the Lands Commission issuance of allocation and right of entry documents to Nigeria High Commission Ghana of which land was fully paid for by the latter.[37] The question how is this possible, puts to rest the cloudy doubt of the fraud the Lands Commission has become over the years. But more so is the question where is National Security Council and her host of agents and servants put in her charge by the sovereign people of Ghana, and the answer is: they are in there partaking of the fruit of evil of fraud.

Before the Courts of Ghana, is a host of cases sitting on Land Title Certificates issued to more than a proprietor over the same piece of land with competing interest. Many of these cases involved the most powerful in the land in the nature of the Nigerian High Commissioner Residency Scandal. This fraudulent Land Documents in the land acquisitions in Ghana has had a number of pronouncements by all courts including the highest court in the land, Supreme Court. There is constantly a national security operative in around our courts. But this phenomenon has become sustained instead of in reverse.

The Military by the legal architecture of the law, ought to be for external aggression averters, except when they are called by the Commander-in-Chief of the Army into action on internal matters. Today, the military is all over the place watching over private lands, construction of private buildings and securing private interest in land. In one case before the lands court in Accra, the sitting Judge had to recuse himself from the matter because one of the parties had secured the land that had been injuncted and the military would not leave the land notwithstanding the express direction from the court against them.[38] The police are no exception even though it appears most of their actions could justified for internal security operations. The National Security Council is fully aware of all this and yet nothing demonstrates a change of conduct but an affirmation of grabbing resource anywhere it could be found by these very trustees of the land and her people.

Over 20 years of Recovery & Related Matters

It is the case from the facts of cases reviewed and the data from the Auditor General Reports that over the last ten (10) years alone, Ghana has lost Billions of  United States Dollars to economic sabotages. This crime has been supervised by the President of the Republic of Ghana by way of the National Security Council lack of finding out the real persons and return the loot.

It ought to be submitted that few of the servants of the President who have committed this sabotage have been tried and convicted and sentenced to prison. The worst of it is that, none of the people convicted and or sentenced have ever served their full term in prison.

Again, out of the huge sums of money stolen, by way of a fraudulent breach of trust, under the watch of the President, not even Five Hundred Million United States Dollars has been recovered. This is the picture of the performance of our national security under the watch of the President.

It is further submitted that, it has been four (4) years, since the Tiger Eye Production brought to the attention of the Nation, evidence of Judges malfeasance. Tiger Eye, a private organization did that work, since then, our National Security Council has not shown any evidence that they are at work on these Judges of the Land even as the people continue to cry that judicial corruption is on the ascendency.

National Interest

In our land Ghana, the sovereign will of the people is settled: for the protection and preservation of our fundamental human rights and freedom; for the unity and stability for our Nation; we have adopted the 1992 Constitution, with all its anchored laws, to run the affairs of our land.[39] Our national interest is adjudged to be consistent with our public interest. The public interest is not at large. It includes all rights and or advantages that confer a benefit covertly and overtly on the generality of our people.[40]

Flowing from the above and by parity of reasoning, issues of national security can only be justified when same is in the best interest of the people of Ghana. It is not in the interest of the Ghanaian people when there remain hundreds of unresolved murders over decades. It is not in the interest of the people when every year, at least since 2014 to 2018, Ghana keeps losing billions of dollars in tax fraud led by the State. It is equally not in the interest of the people when armed military and police officials, without court order, roam in town protecting private lands via intimidation and or threats of intimidation for sole purpose of amassing wealth instead of protecting the State and her people and Institutions of State.

The quality of our national security has been called to order so often. In writing a foreword to the Report of the Commission of Enquiry into the Ayawso West Wuogon Events, 2019, the Chair of the Commission, Justice Emile Short concluded: “The events of January 31st (sic) 2019 cast a shadow on the quality of the security architecture and its operations….”

This paper does not only stand with the position above expressed, but adds that the facts presented by the history of NSC operations, are a statement of crime at the center of national security both by omission and commission and there is no denying of the said facts. Our President is the embodiment of our national security being the Chair of the said body. It is therefore the understanding of this paper, that the President sits on the darkest arena of our democracy.  

Conclusion

The law as reviewed, has demonstrated that in Ghana there is no institution of state called national security. What has assumed prominence in our body politic as national security is actually the statutory creature called National Security Council controlled by the President of Republic of Ghana. It is sound to say the President is the National Security Council. From the Districts through the Regions and to the National Council, the sovereign people of Ghana has clothed the Presidents with agents and or institutions running into thousands of personnel in order to deliver the said mandate. The facts and evidence remain: the President has acquiesced in this duty. He has become a conspirator in the crime affairs, if not the crime itself.

The irony cannot be overlooked. In many ways the Government is the chief suspect of all resource crimes. The Government of Ghana is the President of the Republic. The executive authority of the Republic is vested only in the President. This President remains clothed with immunity from prosecution as long as he remains President. The economy is run by the Government. The resource crimes are committed by the Government through her surrogates and agents put in his charge. No one prosecutes himself. The people cannot continue being docile and absent from duty. No acquiescence delivers good and accountable governance.

There is a counter cardinal proposition that the people have not acquiesced, it is an issue of failure by their agents.  A closer look of the numbers presented, shall reveal that all these issues go to Parliament, the representatives of the people. The interesting thing is that Parliament too has argued that she has been performing her full duty through the Public Accounts Committee. There is some truth in the Parliament’s assertion even as other state institutions try to reverse the trend. The entire machine is under threat. The people ought to remove the threat or they lose the right to decide who runs the Nation in the next decade. Until then, the sovereign people of Ghana must ask their Government, and the President must answer: are you a protector of the people’s interest or a crime empire? This Paper shall return with answer if the President does not in the interim.


[1] Henry Kissinger, World Order, (2014) Goodreads p. 3

[2] Micheal Walzer, Just and Unjust Wars (5th edn, 2015) Basic Books p. 1

[3] Government of Ghana White Paper on the Report of the Commission of Inquiry into the Ayawaso West Wuogon Eventshttps://starrfm.com.gh/wp-content/uploads/2019/09/WHITE-PAPAER-FINAL.pdf accessed 21 June 2020

[4] 1992 Constitution of Ghana art. 83; s.

[5] 1992 Constitution of Ghana, art. 83 (6); s. 3 of Act 526

[6] Toby Mendel, “Defining the Scope of  National Security: Issues Paper for the National Security Principles Project” https://www.right2info.org/resources/publications/mendel-on-defining-national-security#:~:text=In%20many%20countries%2C%20national%20security,safeguarding%20of%20the%20constitutional%20order%E2%80%9D. accessed 27 June 2020

[7] 1992 Constitution of Ghana art. 83

[8] S.11 of Act 526

[9] SECURITY AND INTELLIGENCE AGENCIES ACT, 1996 (ACT 526) s. 5

[10] Ibid

[11] S.7 of Act 526

[12] Ibid

[13] Ibid s. 8

[14] S.9 of Act 526

[15] Ibid s. 9

[16] S. 10 of Act 526

[17] Ibid s. 11

[18] Ibid s. 17

[19] Ibid s. 12

[20] Ibid

[21] 1992 Constitution of Ghana, art. 85

[22] Act 526 s. 20

[23] Act 526 s. 19

[24] Act 526 s. 42

[25] Economic and Organized Crime Act, 2010 (Act 804) s. 1

[26] Ibid s. 3

[27] Ibid ss. 4&5

[28] Public Financial Management Act, 2016 (Act 921) s. 96

[29] Ibid s. 102

[30] Public Procurement Act, 2003 (Act 663) as amended s. 1

[31] Ibid

[32] Ibid s. 92(1)(2)

[33] Anti-Money Laundering Act, 2008 (Act 749) as amended s. 4

[34] Ibid s.5

[35] Ibid s. 7

[36] Auditor-General’s Report for the year 2018 of the Republic of Ghana https://www.ghaudit.org accessed 27 June 2020

[37] Graphic Online https://www.graphic.com.gh/news/general-news/govt-to-reconstruct-demolished-properties-of-nigerian-high-commission.html accessed 28 June 2020

[38] Nii Iddrisu Tettey Mansro & 2 Ors v. Setho Classic Engineering Works Company Limited & 3 Ors (Suit No. LD/1632/2016) unreported

[39] 1992 Constitution of Ghana preamble

[40] Ibid art. 295

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