Should Government Contracts (Protection) Act, 1979 (AFRCD 58) Be Used To Plug Government Procurement Loopholes To Make More Funds Available For The Free SHS Initiative?

For the first time since President Nkrumah's overthrow in 1966, our homeland Ghana has finally embarked on a journey that will empower millions of disadvantaged families to educate their wards, despite being financially-challenged. Fantastic.

Even though some of us (and I admit to being one of the biggest doubters) were pretty  skeptical of the ability of the New Patriotic Party (NPP) to implement that particular manifesto promise, on a sustainable basis, today, every Ghanaian citizen ought to be happy for our nation that young people from even the poorest backgrounds across Ghana are now able to attend senior high school. Brilliant.

No developing nation that aspires to become a prosperous society can afford not to provide free education from kindergarten to tertiary level for its younger generations. President Akufo-Addo was absolutely right in saying it was much better to use our oil revenues to fund the free SHS education policy than for it to  end up in the pockets of a few powerful Ghanaians. How right he is in his observation.

Clearly, to ensure that funding for the free SHS initiative is sustainable,  what we must now do as a people, to help the government plug all the loopholes through which our many public-sector white-collar criminals and their private-sector collaborators siphon off taxpayers' monies in sundry public procurement deals, is to take OccupyGhana's Ace Ankomah's very sensible advice about dealing effectiviely with those who steal public funds, by using Government Contracts (Protection) Act, 1979 (AFRCD 58) to prosecute and  jail them.

That law also  apparently prescribes that  in addition those found guilty after prosecution in such trials ought to be compelled to refund thrice the amount they cheated Mother Ghana out of on top, too. According to news reports, Ace Ankomah regards Act 1979 (AFRCD 58) as one of the most important  anti-corruption legacies of the Armed Forces Revolutionary Council.

"Government Contracts (Protection) Act 1979 (AFRCD 58) states that a person who is responsible for issuing certificates for the payment of money out of public funds to contractors or any other person in respect of government contracts is jointly and severally liable with that contractor or that other person for the refund of the money so paid where he/she issues the certificate for payment.

This should happen when the person issuing certificates for the payment of money out of public funds to contractors or any other person in respect of government contracts does so knowing that the work/service has not been performed, the goods have not been supplied, the money was not otherwise due under the contract, recklessly careless whether the work had been done or not, as well as the goods have been supplied or not, the money is otherwise due under the contract or not, or where in the issue of the certificate that person was grossly negligent.

Receiver of payment punishable

According to the law, without prejudice to the civil liability, (i) that person, (ii) the contractor, and (iii) any other person who knowingly accepted a payment made in any of the above circumstances is liable to a fine of up to three times the amount of money of the improper payment or to imprisonment of up to 10 years, or to both.

Government Contracts (Protection) Act, 1979 (AFRCD 58) states that where it is proved that the person responsible for the certificate was bribed into issuing the certificate, or that the issue of the certificate was otherwise attended by a corrupt practice, both the ‘bribor’ and the ‘bribee’, and any other person who knowingly participated in the bribery/corrupt practice commits an offence and is liable to imprisonment (between five and 15 years), and a penalty equal to three times the amount of money of the improper payment."

God bless the very patriotic Ace Ankomahs of our nation. That  long-neglected  law appears to be a perfect legal remedy for the  Special Public Prosecutor  to use to plug loopholes used to rip our natiom off in sundry shady  government procurement contracts - and make all that cash available to fund the free SHS initiaitive that would have otherwise ended up in private pockets.