Ghana’s Outdated Legal System Weakens Anti-Corruption Fight—Prof. Kwasi Prempeh

At the 5th Constitution Day Public Lecture, Professor Henry Kwasi Prempeh, Chairman of the Constitutional Review Committee, voiced strong concerns over Ghana’s outdated legal framework, emphasizing its inadequacy in combating contemporary corruption. His remarks were made in response to a lecture delivered by Special Prosecutor Kissi Agyebeng under the theme “A Few Good Men: Suppressing and Repressing Corruption and State Capture in Aid of Development.”

Prof. Prempeh, who served as the reviewer of the lecture, did not mince words when critiquing the nation’s current legal institutions and doctrines. According to him, Ghana’s legal architecture, much of which dates back several decades, is not robust enough to address the rapidly evolving tactics used in corrupt practices today. He argued that without significant legal reforms, anti-corruption efforts would remain largely ineffective.

“Corruption mutates day by day,” Prof. Prempeh stated, highlighting the dynamic and adaptive nature of corrupt activities. He contrasted Ghana’s stagnant legal framework with those of developed countries, where laws are regularly updated to meet emerging governance challenges. “In developed countries, the laws are changing from time to time to tackle corruption, and we are relying on 1962 laws to fight. It is not fit for purpose,” he added.

Despite his criticisms, Prof. Prempeh acknowledged that the current constitution is not entirely devoid of tools to fight corruption. He pointed out that while the constitution is not perfect, it does contain foundational elements that could support a credible anti-corruption agenda if bolstered by more modern and innovative legal provisions.

“There are some tools in the constitution even as we find it today. The constitution is not perfect, but it does have something in there that can be the basis of a credible fight against corruption,” he noted.

Prof. Prempeh advocated for legal innovation, urging policymakers and legal practitioners to rethink and modernize the country’s legal doctrines. He warned that relying on outdated laws hinders the nation’s ability to respond effectively to sophisticated forms of corruption, including state capture and financial crimes.

The Constitution Day Public Lecture, an annual event, aims to promote dialogue on governance, democracy, and rule of law in Ghana. This year’s theme resonated strongly with ongoing national conversations about accountability and transparency in public office. Special Prosecutor Kissi Agyebeng’s lecture provided insights into the mechanisms needed to suppress and repress corruption, while Prof. Prempeh’s review added a critical dimension on the necessity of legal reform.

Many attendees, including legal experts, civil society representatives, and governance advocates, echoed Prof. Prempeh’s call for reform. They expressed concerns that without a proactive approach to legislative updates, Ghana might struggle to achieve meaningful progress in its anti-corruption drive.

Prof. Prempeh’s remarks serve as a clarion call to action for Ghana’s legislators, urging them to prioritize reforms that will empower anti-corruption institutions and align the country’s legal framework with international best practices. As corruption continues to pose a threat to national development, strengthening legal structures could be a decisive step towards ensuring transparency, accountability, and good governance in Ghana.

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