National Democratic Congress and Corruption in Ghana

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Thursday, March 25, 2010

Carl Wilson Busted In Multiple Car Thefts


Who Will save Ghana from corruption?

Alex Segbefia's boy, Carl Wilson, has been busted in the web of car stealing.

The lies he told on Asempa Fm yesterday were exposed when National Security operatives at about 4:00 pm arrested a 4×4 Chrysler Pacifica Wagon he illegally sold to one of his cronies.

The Chrysler with identification number 2A8GF78X37F365174 got missing from the Tema port under very obscure circumstances. It was realized that forged documents were used to clear the car from the port on 14TH August, 2009.

Very verifiable documents also available to the Daily Post indicate that the Chairman of the Confiscated Vehicles Allocation Committee (CVAC) unilaterally declared four genuine 4×4 cars as stolen and sold them for a pittance.

The vehicles in contention are GMC Yukon, Acura MDX Wagon and two Chryslers.

Though the importers of the said vehicles have provided Certificate of Titles to show that the cars were not stolen, Carl Wilson will not budge as he hurriedly fast-tracked processes to sell those cars under allocation.

On the part of the Acura MDX Wagon, a Certificate of Title numbered X0633223, a copy obtained from the United States Department declares it as a vehicle which has properly passed through the purchase and export processes from the State of Kansas.

It was signed by Joan Wagnon, Secretary of Revenue and Carmen Alldritt, Director of Vehicles.

Under mysterious circumstances, the Acura got missing from the Golden Jubilee Terminal.

Investigations have established that Carl Wilson sold the car to one Kofi Adjei. The car was cleared by shipping agent, Stewise Shipping.

The Chryslers which came from the Commonwealth of Pennsylvania with vehicle identification number 2A8GM8L77RL28513 were signed by Allen D. Biehler, Secretary of Transportation.

The GMC Yukon with title and identification number 1GKEK63U65J139234 came from the State of New York and its Certificate of Title was authenticated by Moore Gregory, on behalf of the sellers.

Central Intelligence Agency and State Department files corroborated Bill of Laden details, stating they are accurate.

According to the United States security agencies, the cars in contention are not stolen ones.

Interestingly, Carl Wilson did not even await the outcome of investigations by the Ghanaian security agencies to prove that the vehicles were stolen.

He hurriedly allocated them to some of his friends and sold them at very ridiculously low prices.

In our next edition, check out how Carl Wilson forged documents and forced CEPS officers to clear the cars.

Additionally, a top man at the Castle aided in this dubious act.

Stay tuned

Source: Daily Post

CORRUPTION:Carl Wilson has been sacked






Reports indicate that the embattled Chairman of the Confiscated Vehicle Allocation Committee, Mr Carl Wilson, has been sacked.

His dismissal follows agitations by some members of the ruling National Democratic Congress that the man should be removed from office because his corrupt practices had been denting the image of the party.

Irate youth of the party Thursday morning besieged the party's headquarters, locked out national officers denying them access to their offices and vowed to stay there until the man was sacked.

In order to calm tensions, the National Organiser of the NDC, Mr Yaw Gyan Boateng went to address the demonstrators and told the angry supporters that Mr Wilson had been sacked.

He said if any clandestine attempts are made to reverse the decision, he will join them to demonstrate against the Chairman of the Confiscated Vehicle Allocation Committee and whoever is trying to shield him.

The Communications Director at the Presidency, Koku Anyidoho confirmed the dismissal to Joy FM.

He would not give any details regarding the reasons for Mr Wilson's sack.

Carl Wilson has come under intense fire in the media and from members of the ruling party for allegedly abusing his office by unilaterally ordering the sale of confiscated vehicles to his cronies for peanuts.

He has denied all the allegations claiming that some people who engaged in nefarious activities at the Tema Port and who feel their business had been threatened by his insistence on doing the right thing, were bent on doing him in.

The Deputy Chief of Staff, Mr Alex Segbefia who appointed him is believed to have been protecting the man in the face of all the allegation.

News of Mr Wilson's sack have been rife in the media but each time, Mr Segbefia has risen to his defence.

Asempa FM Wednesday evening broke the news that Mr Wilson had been sacked.

But Thursday morning he spoke to Joy FM's Super Morning host Kojo Oppong-Nkrumah in his capacity as the Chairman of the Confiscated Vehicle Allocation Committee.


Story by Malik Abass Daabu/Myjoyonline.com/Ghana

Kufuor breaks silence on Kosmos/EO Group

Former President Kufuor is certainly not happy about how his successor is scrutinizing deals his government signed
Former President Kufuor is certainly not happy about how his successor is scrutinizing deals his government signed





Former President Mr. John Agyekum Kufuor has for the first time commented on the Kosmos/EO Group saga, praising the Texas-based Energy Company for its extra-ordinary effort to strike oil in commercial quantities in Ghana, and rejected claims that his government was too relaxed in negotiating a better deal for the country.

"Kosmos made the difference to strike oil. Hut no preferential treatment was given. No, it is not so," the former president was expatiating on the issue in an exclusive interviewed by Mr. Fred Chidi , a journalist, at the former president's residence on a TV Africa evening programme, “Matters Arising” on Monday.

He said Kosmos took a high risk in undertaking exploration of the country's offshore oil reserves, pumping in a lot of money which most oil companies would not risk to do.

Mr. Kufuor noted that the current world attention on Ghana as a future market force in the oil industry must be credited to Kosmos, "because the country was previously not attracted to any of the now oil companies that have stormed in to take shares of the oil find".

According to the former Head of State, "Nobody knew Ghana has oil, but after Kosmos' exploration everybody wants to come here."

He stated categorically that it was untrue his government did not enter a competitive agreement with Kosmos, stating that the Government of Ghana share of 10 percent in the deal was arrived at after careful negotiations to ascertain the country's worth in the oil find.

The interview centered on many issues such as the health of Ghana's economy, politics, Nigeria, his current position as Chairman of Alliance Against Poverty and the thorny issue of the non-payment of his ex-gratia.

When asked by the host of the programme as to whether his ex-gratia had been paid, the two-term president, who is mostly referred to by his admirers as the 'gentle giant' said, "No, this is a matter I personally don't want to talk about."

But, the subject seemed to have ignited his emotions when he added that "the provisions of the Constitution must always be respected" and that it was a bad precedence for a committee to be set up by the Constitution and its recommendations be treated with contempt.


Source: New Crusading Guide/Ghana

NDC supporters lock out national officers, call for Carl Wilson's head






Angry supporters of the ruling National Democratic Congress have locked out national officers at the national headquarters of the party.

They say the Chairman of Confiscated Vehicle Allocation Committee Carl Wilson must be sacked by National Executive of the party.

According to them, Mr Wilson has been engaging in corrupt practices that seek to tarnish the image of the party.

The youth, numbering over 200, invaded the party headquarters at 5am Thursday, and say they will stay there until Mr Wilson is sacked.

Carl Wilson has been accused of unilaterally selling confiscated vehicles under questionable circumstances.


More soon.

Corruption: Segbefia Defends Carl Wilson


Image
Alex Segbefia
THE DEPUTY Chief of Staff, Alex Segbefia, has mapped out a strong defence for Carl Wilson, stressing that the chairman of the Confiscated Vehicles Committee is innocent of all the allegations leveled against him.

Putting up a defence for his darling boy in an interview with Oman FM, the National Democratic Congress (NDC) stalwart said Mr. Wilson has not been found guilty of any of the allegations made against him by his opponents.

Mr. Segbefia contended that various committees set up by the government to investigate Mr. Wilson over allegations of selling confiscated cars have all cleared him of any wrongdoing.

But interestingly the public has not been fed this wholesome information all this while, though the allegations the so-called committees investigated were made in public.

Mr. Segbefia noted that because Carl Wilson is doing a marvelous work at the Castle, opponents of the government are bent on pulling him down with unfounded allegations.

He indicated that Mr. Wilson would have lost his position by now if he had been found culpable of any of the many allegations leveled against him in recent times.

Dismissing rumours that Mr. Wilson was his in-law, the Deputy Chief of Staff pointed out; “The government will not shield Mr. Wilson for any reason or whatsoever”.

Mr. Wilson has in recent times made news headlines following his alleged active involvement in the selling of confiscated vehicles at cheaper prices to functionaries of the ruling party and sometimes outright stealing.

The chairman of the Confiscated Vehicles Committee is in the news again as he has been fingered in a case where stolen goods from the United Kingdom (UK) were allegedly carted away.

Dr. Matthew Opoku Prempeh, MP for Manhyia has tasked the government to investigate the chairman for allegedly taking away 18 confiscated motorbikes from the Tema Harbour believed to have been stolen from London.

According to the Manhyia MP, security detail at the Tema Port impounded the said motorbikes which were shipped into the country sometime in April last year, and that Mr. Wilson recently allegedly disposed of the motorbikes in question.

Commenting on the issue, though Mr. Segbefia said he was not privy to the issue, he was quick to conclude that the allegation was one of the many unfounded ones made in the past to tarnish Mr. Wilson’s image.

He dared Hon. Opoku Prempeh, affectionately called Napo, to furnish Interpol and other relevant bodies with concrete evidence if indeed his allegation has any basis.

Reacting to Mr. Segbefia’s comments, Napo said he has concrete facts to support his allegation but was waiting for the Minister of the Interior to officially respond to the issue in Parliament before taking that step.

He noted that he decided to first of all file to ask the Minister that question five weeks ago because he wanted to give the minister an opportunity to tell the nation what he knows about the issue.

“I am prepared to come out with full details of the facts of the matter and also proceed to deal with the relevant bodies after the Minister has officially responded to my question”, Napo emphasized.

Carl Wilson has been accused severally of allegedly stealing confiscated cars and selling them on the open market with assistance from some deviant garage operators in the nation’s capital.

From Daily Guide/Morgan Owusu, Kumasi

Monday, March 15, 2010

¢28 Billion Vanish From Offshore Account


Kufuor Thinking

A whopping $2,000,000.00 (Two Million United States Dollars), secured by President John Agyekum Kufuor and the New Patriotic Party (NPP) administration, with a Sovereign Guarantee, to rehabilitate some Ghanaian embassies, appears to have vanished without trace.

The amount was part of a $5Million loan, whose term sheet, states “shall be utilized exclusively for the renovation of selected Ghanaian Chanceries for Ghana’s 50th Independence Anniversary Celebrations.”

A statement of account on the Ministry of Finance & Economic Planning (MOFEP) bank Account number 0232002034552 with Stanbic Bank, opened for the transaction did not show a release of the $2,000,000.00 to the Government of Ghana.

The term sheet, dated December 7, 2006 addressed to the Kufuor administration through its Minister of Finance, indicates that ‘US$2,000,000.00 of the loan shall be booked with Standard Finance (Isle of Man) Limited,’ an offshore account.

Dr. Anthony Akoto Osei, who was a Deputy Minister of Finance and Economic Planning, signed as accepting the terms of the $5,000,000.00 loan on behalf of the Government of Ghana.

On December 11, 2006 US$3,000,000.00 (Three Million Dollars) was released to the MOFEP Account at Stanbic Bank. This amount was repaid on April 20, 2007.

On 14th May 2007, the MOFEP account with Stanbic Bank was again debited with US$3,800,000.00, described as Loan Granted to MOFEP.

The release of this $3.8Million after the repayment of the earlier amount of $3.0Million, all within the term period of the loan made the transaction appear like a revolving loan, with a ceiling of $3.8Million.

Subsequent transactions on the statement following the release of the $3.8Million reveal the various interest charges as well as repayments made to Stanbic Bank.

The $2.0Million was never released to the Government of Ghana, and it was not clear into whose account the amount was paid in the offshore bank.

The $5Million was part of a $17Million Commercial Loan Agreement approved by Parliament on 29th November, 2006. The other $12Million of the loan was to be used for UN Peace Keeping Operations.

The Ministry of Finance and Economic Planning (MOFEP) subsequently requested for a disbursement of the approved loan and issued a Sovereign Guarantee to secure the entire $17Million facility.

The Sovereign Guarantee, dated 7th December, 2006 to Stanbic Bank Ghana Limited, was signed by Dr. Akoto Osei.

By a term sheet dated December 7, 2006 Stanbic Bank Ghana Ltd granted the term loan of US$5,000,000.00 (Five million United States Dollars) to the Government of Ghana.

The $5 Million and interest on it was to be repaid in full within 36 months from the date of drawdown, and had October 26, 2009 as the Final Repayment date.

As of October 31, 2009 days after all outstanding amounts on the loan account should have been cleared, however, an amount of $883,332.00 was still owed to Stanbic Bank.

Mr. Akoto Ampaw, lawyer for the Chief Executive of the Ghana@50 Secretariat, had written to the Commission of Inquiry (Ghana@50) on December 8, 2009 denying his client’s knowledge of any transaction with Stanbic Bank.

In the said letter, which was titled: RE: CONTINUING INVESTIGATIONS OF THE COMMISSION OUTSIDE THE PUBLIC DOMAIN, and published by the New Crusading Guide of December 9, Mr. Ampaw complained that the Commission had written to Dr. Wereko-Brobby, ‘requesting for information in respect of a loan transaction between the Government of Ghana and Stanbic Bank Limited’ and that ‘he knows absolutely nothing about the transaction referred to in your letter.‘

According to Akoto Ampaw, ‘Neither the Ghana @ 50 Secretariat nor the National Planning Commission entered into any loan agreement with Stanbic Bank, either directly or through the Ministry of Finance and Economic Planning.’

Lawyer protests open inquiry into M&J scandal

CHRAJ Boss Emile Short
CHRAJ Boss Emile Short
A legal practitioner, Nana Ato Dadzie, has raised issues over the decision of the Commission on Human Rights and Administrative Justice (CHRAJ) to institute an open inquiry into the Mabey & Johnson (M&J) scandal.

Nana Dadzie, who is also a solicitor and counsel for Dr Ato Quashie, one of the persons mentioned in the M&J case, in a letter to CHRAJ, was of the opinion that the Commission ought not to be stampeded into an open inquiry in the M&J case when the very documents which formed the basis of the said allegations raised against the officials were unavailable or inadequate, as the Commissioner of CHRAJ, Mr Justice Emile Short himself stated recently.

According to Nana Dadzie, CHRAJ's insistence on the probe would amount to double standards when, in February 2010, Mr Short had made a public pronouncement that CHRAJ "is unable to proceed with the M&J allegation probe because it has not received all the documentation on the allegations it seeks to investigate".

He further stated that after reviewing the certified copy of the Regina vrs Mabey and Johnson case decided by the Southwark Crown Court dated 25/9/09, Suit No T20097513 forwarded to the solicitors by CHRAJ, he and his colleagues who constituted the defence counsel could not but agree with CHRAJ that "the said document cannot form the basis without more of any credible allegations for which a competent constitutional, legal and juridical body like CHRAJ would want to subject our client to any form of public enquiry".

"Like CHRAJ, our client does not have access to all the documents which form the basis for the said allegations. Our client is not expected to respond to the allegations the basis of which is uncertain and which he has no access to," he added.

He further stated that "a cursory reading of the judgement of the Southwark Crown Court referred to various other documents, material and private arrangements which went on between Mabey and Johnson and the SFO (UK), matters which were neither brought before the court nor seen by their clients".

Nana Dadzie further stated that "the SFO, at Paragraph 194 of the ‘Prosecution Opening Note’ to the Southwark Crown Court, stated with emphasis that the SFO decided not to mention the names of certain directors, executives and employees of M&J at this stage because they may face trial in English courts".

He said the SFO further stated that "the fact of the naming of certain directors, executives, employees of M&J and any others should not be taken by this court, the public and press as determinative of guilt of any of the persons named in this opening note. In the interest of fairness to those who are under investigation, no settled view concerning the culpability of individuals; whether named here or not, has been made".

"If investigations are yet to be concluded concerning a number of unnamed and unidentified individuals allegedly involved in the case, then who are the alleged accusers of our clients for which a public inquiry is being held here in Ghana," he asked.

Nana Dadzie claimed that the officials were never charged nor called as witnesses, nor were they party in the Southwark Crown Court trial, yet the English judge appeared to have admitted as fact allegations assumed against the Ghanaian officials by persons (new directors of M&J) whom they had never seen, met nor dealt with and whose alleged admissions in court their clients never had the opportunity to challenge nor test.

Strangely enough, he said, the former directors who were in office at all material times had not been charged, prosecuted or given evidence in any case in which their clients were mentioned.

He also re-affirmed the officials’ earlier objection to CHRAJ's jurisdiction to investigate allegations of corruption against them, since they were not public officers while those still in public office were not being investigated for allegations of impropriety with respect to their current office.

Nana Dadzie was of the firm belief that the judgement of the Southwark Court was of doubtful constitutional, legal and evidentiary value under Ghana's criminal jurisprudence and a gross violation of all known natural laws, more especially their client's right to a hearing before being condemned, as happened in the Southwark Crown Court Case.

"I wish to state that my clients cannot be part of the projected public inquiry when they, like CHRAJ itself, have no access to documents and records in this case, in spite of various unsuccessful public and private overtures by CHRAJ to relevant public bodies and individuals in the UK and Ghana 'fishing' for some evidence," he said.

He threatened that their clients might have no choice under the circumstance but apply for a restraining order against CHRAJ from competent legal authorities in the event that the appeal by their clients to the law arid the Constitution of Ghana was not acceded to by CHRAJ.

For the avoidance of doubt, Nana Dadzie added that their clients re-affirmed their earlier denial that they ever received any bribe whatsoever from M&J or any other company or individual to influence any decision they took in their former public office.

Meanwhile, the Patron of the Democratic Freedom Party (DFP), Dr Obed Yao Asamoah, commenting on the issue, has accused Mr John Hardy, an international prosecutor, who was in the country recently, of pre-judging the case.

According to Dr Asamoah, Mr Hardy's conduct fell below the expectation of the legal profession.

"Some persons are expected to appear before CHRAJ, Hardy was here to pronounce the affected persons guilty. That was not proper,” he said.


Source: Daily Guide/Ghana

Sipa Yankey to appear before CHRAJ today

Dr Sipa Yankey, former Health Minister
Dr Sipa Yankey, former Health Minister

Former Health Minister Dr George Sipa Yankey is expected to appear before the public hearings of the Commission on Human Rights and Administration Justice (CHRAJ) into the Mabey and Johnson bribery case, which begins today.

Dr Sipa Yankey resigned after a UK court implicated him and other public officials as having received monies from UK construction firm Mabey and Johnson.

He has maintained his innocence and at today’s initial hearing he is expected to put up his defence.

The public hearings form part of the final phase of the commission’s investigations into the case.

CHRAJ Commissioner Emile Short said a three-member panel will sit to hear Dr Yankey’s response.

“In some cases that we investigate, it gets to a stage where it becomes necessary to take evidence; that is, witnesses are called to testify on both sides, that is from the commission and from the person that we are investigating…It is that stage that we have got to,” Mr Short told Joy News.

“At the end of all the evidence, then we write a decision.”

Other officials who were also named in the controversy include former Roads Minister Ato Quarshie, Alhaji Amadu Seidu and Boniface Abubakar Saddique.

They have all denied the allegations of bribery against them.

Your super station Joy 99.7 FM will bring listeners a live broadcast of the hearings.


Source: Myjoyonline.com/Ghana

Thursday, March 11, 2010

CJA Pushes For Prosecution Of Gh¢166m Embezzlers



GHANA WILL NEVER DEVELOP SO FAR AS THESE MEN CONTINUE TO WALK FREE

Npp Topguns

The Committee for Joint Action (CJA) has called on government to immediately prosecute all public officials cited for embezzling about GH¢166.1 million in the 2008 Auditor General’s report.

According to the committee, it will be detrimental for government to ignore the call for accountability on the part of public officials, who have engaged themselves in financial malfeasance and blatant thievery, as has been officially captured by the report.

“Government must, as a matter of urgency, prosecute these crooked officials,” a leading member, Mr. Edward Bawah, charged, insisting that “punitive actions ought to be taken against the offending officials in order to deter others from engaging in similar practice.”

Mr. Bawah, who was speaking at a press conference in Accra, warned that, the CJA will not relent on its call for corrupt officials named in the report to face the law.

He regretted that despite numerous exposures made by the CJA in the past, government, especially the Kufuor-led administration, made no effort at instilling accountability in government agencies by prosecuting offenders. Giving details of the report, Mr. Bawah mentioned that over 20 government agencies, including some ministries were involved in cash irregularities which amounted to GH¢166.1 million, representing 177.4% over that of 2007.

He stated that the cash irregularities accounted for 92.8% of the total financial irregularities mainly due to four factors, which are imprest holders refusing to account for imprests, lack of supervisory controls over revenue collection; failure of officers to obtain supporting documents for funds disbursed, and the ineffectiveness of Internal Audit Units within the Ministries.

Procurement and stores irregularities cost the nation GH¢ 898,350 in 2008, indicating an increase of 24% over that of 2007. Payroll overpayments amounted to GH¢ 762,886, while contract irregularities amounted to GH¢3.4 million.

Stating some specific findings, Mr. Bawah mentioned that the VAT Service acquired the Bannet building, near Busy Internet, Accra, for GH¢874,154. He stated that interestingly, the building was rehabilitated at a cost of GH¢ 2,387,216 although it was leased for only 11 years with no possibility of extension.

He added that three Oil Marketing Companies (OMCs), which reneged on their scheduled payment plan to the tune of GH¢ 2,768,908.00 were not asked for guarantees and have not paid their debts.

MINISTRY OF TRADE

On Ministry of Trade, Mr. Bawah quoted from the report that “contrary to regulation of the Financial Administration Regulation, the Ministry opened and operated an account at the Accra High Street Branch of Barclays Bank in October 2005.”

“An amount of GH¢2 billion was transferred into it from the ministry’s main account which earned an interest of GH¢7.8 million, and the GH¢ 2 billion withdrawn,” he said, adding that the GH¢2 billion was not accounted for, neither was the GH¢7.8 million,” he asserted.

Still on the Ministry of Trade, the report captured that two private enterprises in the garment industry that were given grants totaling GHc288,000 to undertake capacity building abandoned the projects . “No attempt has been made to recover the monies,” he said, pointing out that a draft agreement commissioned at a cost of GHc 4,650 were never utilized. A building in Kumasi that was renovated by the ministry in 2006 at a cost of GHc11,492 was still standing unused in 2008 because additional funds were not made available for completion of the project.

Also, a strategic plan prepared at a cost of GHc45,696 in 2006 has been left to gather dust, he added.

He stated that the ministry made payments amounting to GH¢ 273,310 for repairs and maintenance without certification.

MINISTRY OF INTERIOR

Under the Ministry of Interior, cash irregularities amounted to GH¢286,241 and US$13,485.

These were in respect of misappropriation of proceeds of tender documents; disbursements from revenue collected and unauthorized use of internally generated fund.

MINISTRY OF HARBOURS AND RAILWAYS

Here, management misapplied an amount of GH¢600,000 out of GH¢2,150,000 voted for the payment of end of service benefits for 674 retrenched Railway workers. “It is worth noting that during this period, workers of the Railway company had not been paid for years,” he said, hinting that it may have accounted for the non-payment of salaries.

MINISTRY DEFENCE

Mr. Bawah stated that in the Support Services Brigade, cash irregularities totaling GH¢473,61) for repairs was unsatisfactory completed and had no certification.

MINISTRY OF FOREIGN AFFAIRS

An amount of 76,761 euros which was transferred to the Copenhagen Mission on 2nd August 2006, could not be traced to the Mission’s accounts.

MINISTRY OF FINANCE AND ECONOMIC PLANNING

The Audit report captured that, total release from Non-Road Accounts in violation of procedures for accessing funds from the consolidated amounted to GH¢3,066,742.

Also, the ministry failed to collect taxes amounting to GH¢2,590,922 at the Abeka Lapaz DTO alone. CEPS The CJA concluded that post clearance short collections amounted to GH¢13,655,166.


Source: Enquirer

Ghana risks being conduit for `dirty money` -UK Attorney


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Ghana has been urged to strengthen institutions and master the political will to ensure that the country does not become a safe haven for money laundering activities, as its offshore banking ambitions 'risk being soft touch magnet for flood of dirty money'.


Speaking at a public lecture in Accra yesterday, on the theme “Protecting Ghana and Ghana's Emerging Financial Offshore Centre from Money Laundering,” John Hardy QC, a UK Attorney touched on the global effect of money laundering and its attendant effect on Ghana, if pragmatic measures were not put in place to minimize to lowest ebb or completely eradicate its occurrence.

The UK Attorney cautioned that given Ghana's off-shore ambitions, it is clearly vital that effective regulation, transparency and external monitoring are put in place, if its off-shore centre is not going to be at risk of being a soft touch magnet for a flood of dirty money.

He noted that the issue of money laundering has become an international headache and commended Ghana's efforts through legislations such as the Anti-Money Laundering Act 2007 (in force from 22 January 2008), Banking Amendment Act 2007 and others in the country's bid to prevent the transfer of criminal funds in financial systems and also put proper alert mechanisms in place. “If the criminal fraternity cannot profit from their crimes, so the theory goes, they will have much less motive to commit them.” he emphasized.

According to him, because money laundering is an international activity, it can only be restrained and restricted if anti-money laundering is conducted on the basis of international standards, internationally monitored and international co-operation measures which are empowered internationally and simplified so as to work expeditiously and without bureaucratic hindrance.

“One of the principal difficulties in translating international declarations of principle and intent into effective domestic legislation was the tension between the need to promote transparency in banking transactions on the one hand and, on the other, the principle of client confidentiality which bound the banks”, he noted.

According to him the 1990 Recommendation of the Financial Action task Force's (FATF), recommendations stated that “Countries should ensure that financial institution secrecy laws do not inhibit implementation of the FATF Recommendations.” It also stated among others that there must be the necessary legislation – to criminalise money laundering and secondly, the legislation must also provide for systems and resources to enforce that law.

“But mere provision is not enough. There must also be genuine and deep-seated political will to enforce the legislation. That will is reflected in the provision of resources and the effectiveness of the court as institutions of enforcement. Hence regulators, investigators and judges all have their part to play. So, too, do compliance officers and those charged with supervising the ethics of the bank and other financial industries.”

He noted that each state needs to utilise its own legislative and enforcement apparatus to make conditions within its borders as unfriendly as possible for money laundering.

These notwithstanding, he said it was worth noting “the creation and resourcing of agencies capable of investigating large amounts of complicated transactions without assistance from the banks and other institutions, that would have involved the establishment of huge, cumbersome, bureaucratic and ineffective organisations at disproportionate expense to the public purse.

Equally, the proscription of money laundering through legislation, without the establishment of effective means of enforcement, would have rendered the legislation toothless and futile.” In the case of Ghana, he noted that “what appears to be a problem in Ghana is a combination of the slow rate of progress, a sense of dithering and a lack of real political will.

That lack of real political will he said “is not confined to one party”. Adding that “antimony laundering should be thrust forward to the top of governmental agenda on non-partisan basis. If that can be done here, Ghana will move forward”.
Source: Daniel Nonor - Ghanaian Chronicle

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