We have previously referred to a dissertation on Wikipedia. In this dissertation allegations are made that the anti-corruption institutions in Ghana are not really effective. This is what it has to say about the CHRAJ.
The CHRAJ and the Serious Fraud Office (SFO) constitute the two main anti-corruption bodies actively existing in contemporary Ghana. The former has pretty much the same role as all other commissions of inquiry that have existed in the past, its role is to investigate deeply into all types of allegations of corruption and report their findings to the Attorney General who then decides of the procedures to be undertaken under legal requirements. It has nevertheless a role that was not given to any other precedent commissions, that is a mission to educate the public on their human rights and freedom. Its jurisdiction is limited because it cannot investigate certain matters which are, overall, to prevent it to ‘engage in unnecessary litigation and confrontation with the government of the day.’
There are two major problems that directly impede on the effectiveness of the CHRAJ.
The first one is one that has been consistently found in other commissions, which is its lack of power to enforce decisions based on their investigations and findings. For example, in 1996, it was investigating into some of the top officials’ assets and found enough ground to possibly bring those concerned in front of justice; but instead what happened is that they had to send a copy of their findings to someone else. That person would then have three months to act accordingly to the findings, and if not the complaints would go back to the Commission where they would not be able to go further in proceedings because of its incapacity to enforce their adverse findings. The government did act after these findings, but no more than what other governments would have done in the past because all they did was to issue a white paper on the report which was very courteously described ‘by some to be improper.’
The other major problem that the CHRAJ faces that has a direct effect on its autonomy is the fact that it is not financially autonomous. In theory, all of its expenses are paid by the Consolidated Fund but in practise its budget has to go through Parliament and then its allocation has to be made by the Ministry of Finance. This financial dependency has hampered its autonomy because it needs the executive branch of the government to survive. The Code of Conduct that is inscribed in the constitution is thus very hard to enforce completely and effectively due to the non-autonomous nature of the Commission. All the other commissions that existed previously had the same problem with autonomy and, that is why none of them were ever effective in bringing corruption levels down.
This makes one think. If the anti-corruption bodies are ineffective, where are we going to end?
Judicial Corruption in Ghana 