The Office of the Special Prosecutor (OSP) has expressed strong concerns about the Conduct of Public Officers (CoPO) Bill, with Samuel Appiah Darko, Director of Strategy, Research & Communication at the OSP, warning that it could become a “white elephant” if passed without significant amendments.
Speaking at JoyNews’ “Election and Anti-Corruption” event on Thursday, Darko voiced skepticism over the bill’s potential impact, suggesting that it could add to the list of Ghana’s “ineffectual” laws. “Ghana is a country that has so many laws. But we don’t have efficient laws,” Darko stated.
“From me, the Office of the Special Prosecutor, and as a lawyer, I am happy we have not passed the Conduct of Public Officers Bill, although I am in the anti-corruption business, because as it stands now, if we pass it, it will become another white elephant.”
A member of the Ghana Bar Association, University Teachers Association of Ghana, and the Ghana Journalists Association, Darko argued that the current form of the CoPO Bill would undermine the OSP’s role in fighting corruption. He raised concerns that many offences covered under the bill would fall to the Attorney-General’s office rather than the OSP, which was created to independently address corruption cases.
“We are in this country and we say that we are worried that the Attorney-General is sometimes conflicted and unable to prosecute his own, that is why we came up with the Office of the Special Prosecutor. But all the offences that the Conduct of Public Officers Bill will go to the Attorney-General,” Darko stated, calling for amendments to ensure that corruption-related offences remain under the OSP’s purview.
Initially proposed in 2008, the CoPO Bill seeks to improve asset and liability declarations, tackle conflicts of interest, and enforce a code of conduct for public officials. Although President Akufo-Addo has promised civil society organisations (CSOs) that the bill will be passed before the end of his term, delays have led to widespread criticism. While Cabinet insists that current laws are adequate for regulating public officials’ conduct, CSOs argue that the CoPO Bill is vital to tackling corruption.
A coalition of CSOs, including OccupyGhana, the Ghana Integrity Initiative (GII), the Ghana Anti-Corruption Coalition (GACC), the Ghana Center for Democratic Development (CDD-Ghana), and the Citizen’s Movement Against Corruption (CMaC), is urging Cabinet to approve the CoPO Bill promptly. They have called on the public, CSOs, and media to push for the bill’s passage, contending that the delay signals a lack of political commitment to addressing corruption.
Nicholas Opoku, Legal and Governance Policy Analyst at CDD-Ghana, has also highlighted deficiencies in the bill, cautioning that it doesn’t adequately resolve weaknesses in existing regulations, such as those in Chapter 24 of the 1992 Constitution and the Public Office Holders (Declaration of Assets and Disqualification) Act, 1998 (Act 550). Opoku has pointed to issues such as the limited definition of a public officer, insufficient transparency in asset declarations, and a lack of verification mechanisms.
CSOs argue that passing a strong CoPO Bill is critical for promoting transparency and accountability within Ghana’s public sector, cautioning that without an enforceable law, public mistrust in the government’s dedication to fighting corruption will continue.
