Parliament Struggles with Independent Oversight
Ace Ankomah, a private legal practitioner, has asserted that Ghana’s Parliament frequently displays unease towards independent state institutions, particularly when they actively fulfill their constitutional duties.
Mr. Ankomah’s comments follow recent calls led by Majority Leader Mahama Ayariga and other Members of Parliament to abolish the Office of the Special Prosecutor (OSP). They suggest the Attorney-General’s Department should instead handle all corruption investigations and prosecutions.
Speaking in Parliament on Wednesday, December 3, Mr. Ayariga raised concerns about the substantial budgetary allocations to the OSP, arguing that the Attorney-General’s Department is comparatively underfunded.
In an interview on Channel One TV on Monday, December 8, Mr. Ankomah explained that the current tension surrounding the OSP is indicative of a long-standing pattern of resistance towards independent bodies by Parliament.
“Parliament has a great aversion to all the independent institutions, even those set up by the Constitution,” he stated, citing the Auditor-General’s Office as a prime example.
He recalled that legal action was necessary to compel the Auditor-General to utilize their constitutional powers of disallowance and surcharge, powers that remained unused for years after the 1992 Constitution’s enactment.
According to Mr. Ankomah, activating these powers allowed the Auditor-General to recover approximately GH¢65 million for the state, as reported by the World Bank.
He further pointed to subsequent actions that, in his opinion, undermined the Auditor-General’s independence, including attempts by Parliament to overturn Supreme Court decisions that had strengthened the office.
Mr. Ankomah also highlighted the contentious early retirement of former Auditor-General Daniel Domelevo, suggesting it diminished the institution’s effectiveness.
Ace Anan Ankomah is a legal practitioner and senior partner at Bentsi-Enchill, Letsa & Ankomah.
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