By Dr. Bernard L. TETTEH-DUMANYA
The Speaker of Ghana’s Parliament recently declared four parliamentary seats vacant following the respective MPs’ decisions to contest on different outlays in the upcoming elections. However, the Supreme Court overturned this decision, ruling it unconstitutional. The ruling has drawn nationwide criticism and debate of which most people think it favours the ruling government.
This development is particularly interesting, especially in light of the current government’s frequent refrain that, in the face of any agitation, individuals should “go to court.” It was during such moments that I felt compelled to revisit the work of my esteemed friend, Professor Dr. Lawyer Nana Oppong, who has written a thought-provoking book titled The Law is an Enabler of Corruption.
Over the years, the Ghana Supreme Court has issued rulings that have significantly influenced the nation’s legal and political landscape, often attracting public criticism. Notable decisions include upholding the disqualification of certain political parties from the 2016 elections (2018), barring the use of NHIS cards for voter registration (2019), and ruling secret ballots for electing the Speaker of Parliament unconstitutional (2020).
Additionally, the court validated the government’s involvement in constructing the National Cathedral, declared the E-levy constitutional despite widespread opposition, and ruled that individuals with dual citizenship, such as James Gyakye Quayson, cannot hold parliamentary office. In 2024, the court restored the ruling NPP’s parliamentary majority by resolving contested election results. While these rulings have cemented the court’s authority, they have also raised concerns about democratic principles, inclusivity, and governance.
The question of whether Ghana’s legal framework enables corruption reflects systemic vulnerabilities extensively discussed by Prof. Nana Oppong. He argues that the law, being a human construct, is inherently prone to manipulation through selective interpretation and justification. Unlike the exactness of mathematics, legal systems often rely on subjective interpretation, which can be exploited by those in power to serve personal or political interests.
This resonates with Ghana’s current challenges, where inefficiencies in the judicial system exacerbate corruption, poor governance, and economic stagnation. Critics highlight that anti-corruption laws in Ghana are often selectively enforced, creating a culture of impunity that allows high-ranking officials to evade justice. This undermines public trust in legal institutions and strengthens the perception that the judicial system is biased toward political and corporate elites.
Legal frameworks have been criticized for favoring elite interests as seen with the galamsey issues where the main culprits have never been sent to court. These dynamics contribute to fiscal instability, characterized by inconsistent capital inflows, public fund mismanagement, and limited judicial independence.
It is said that, the administration of President Nana Akufo-Addo-Dr. has faced significant criticism in this regard. Former Special Prosecutor Martin Amidu, upon his resignation, described Akufo-Addo as the “mother serpent of corruption,” a powerful indictment of what he perceives as systemic corruption under this administration.
Amidu accused the government of political interference and fostering a culture of impunity, which he argued undermines anti-corruption efforts. These critiques suggest that the interplay of political decisions and judicial shortcomings often enables rather than mitigates corruption, stifling sustainable development and eroding public trust in governance.
The Supreme Court’s recent rulings also sparked concerns about the judiciary’s independence and its potential alignment with political elites, raising questions about its impact on the rule of law and sustainable development. Drawing on insights from Prof. Nana Oppong’s work, the law functions optimally when grounded in truth, guided by facts, and aimed at achieving justice.
However, when legal systems prioritize the distribution of power and resources over these principles, they become vulnerable to manipulation by those in authority, fostering corruption and eroding public trust. This perceived alignment with political preferences undermines the credibility of judicial institutions, dissuading both domestic and international investment crucial for economic growth. Such decisions not only embolden corrupt practices but also create an environment of uncertainty, where businesses and citizens alike question the fairness of the legal system.
To address these challenges, accountability mechanisms must be established to ensure that justices involved in politically motivated rulings face consequences for their actions, upholding the principle that no one is above the law. Reforms are therefore critical for rebuilding trust in Ghana’s judiciary.
The establishment of specialized anti-corruption courts, coupled with the integration of AI to detect and address legal loopholes, can reduce human bias and improve judicial efficiency. A judicial system centered on impartiality, transparency, and national interest is essential to restore public confidence, drive investment, and support sustainable economic development. This reformation would position the judiciary as a cornerstone of good governance, ensuring long-term economic growth and equity.
Ultimately, the law in its current form, contributes to underdevelopment and the perpetuation of corruption. Ghana loses an estimated US$3 billion annually to corruption as reported by the Ghana Integrity Initiative (GII) and No amount of anti-corruption legislation or increased surveillance can completely overcome the systemic flaws inherent in the legal structure.
To tackle corruption and drive sustainable development, the weaknesses of the law must be acknowledged and addressed through comprehensive reforms and the implementation of reliable, technology-driven solutions. The current Ghanaian legal framework is often perceived as the enabler of corruption, yet this does not negate its importance in governance and societal order. For the law to truly serve the nation, it must embody the hopes and aspirations of its citizens, empowering them to contribute to national development.
However, the law’s susceptibility to corruption remains a critical challenge, as it can be manipulated to legitimize the misappropriation of national wealth and development funds. This phenomenon, known as legal corruption, undermines transparency and accountability, perpetuating underdevelopment in Ghana. To address this issue, it is imperative to reform laws that facilitate corruption and hinder progress.
This requires dismantling legal mechanisms that allow the misuse of public resources and replacing them with systems that promote equity, transparency, and citizen empowerment. By creating a legal framework that prioritizes justice and fairness, Ghana can curtail corruption and foster sustainable development. Peaceful and strategic reform is essential to achieving a governance system that reflects the collective vision of the people.
>>>the writer is a seasoned Financial Economist & Consultant with an illustrious career spanning 29 years across academic, corporate, and agribusiness sectors. His extensive professional journey includes pivotal roles at esteemed institutions such as UBA Ghana, SIC Financial Services, Empretec Ghana, and the Swiss International Finance Group, reflecting his profound understanding of global finance. Renowned as a pioneer in risk management, compliance, and corporate strategy, Dr. Tetteh-Dumanya has made significant contributions to the Ghanaian financial landscape. He has been instrumental in spearheading initiatives in Venture Capital, business/financial reengineering, and fundraising, thereby playing a pivotal role in the growth and development of numerous entities. Driven by a fervent dedication to capacity development, Dr. Tetteh-Dumanya has offered consultancy services to a diverse array of local and multinational organizations notably GIZ, AGRA, SNV, DANIDA, and USAID among others. His expertise in financial and business domains is multifaceted, showcased through his adept navigation of complex challenges and his commitment to driving sustainable growth in every endeavor. For inquiries, Dr. Tetteh-Dumanya can be reached at: [email protected]
