OCCUPYGHANA®, THREE OTHERS DONATE TOWARDS COVID-19 FIGHT

OCCUPYGHANA®, THREE OTHERS DONATE TOWARDS COVID-19 FIGHT

29th March 2020

OCCUPYGHANA® PRESS STATEMENT

OCCUPYGHANA®, THREE OTHERS DONATE TOWARDS COVID-19 FIGHT

Pressure group, OccupyGhana® and local company IT Consortium Ltd have teamed up with the Ghana Association of Doctors in Residency (GADOR) to raise funds to acquire Personal Protection Equipment (PPEs) to assist doctors and other health professionals across the country in the COVID-19 pandemic fight.

GADOR’s project seeks to assist in the protection of its members and other frontline HCWs by creating an avenue to complement government’s efforts and improve availability and accessibility of PPEs, which are currently in short supply at the facility level, but is required in the treatment of COVID-19 patients.

At a brief ceremony this morning, OccupyGhana® presented the sum of GHS 20,000 to GADOR as seed fund for the fund-raising effort and some boxes of PPE. IT Consortium Ltd, which is providing the electronic platform for cash contributions (through the short codes *887*2# and *887*10#) also donated the sum of GHS 10,000 as seed fund.

At the same ceremony, two other individuals Prof Nana Kofi Quakyi (on behalf of his family, the Milkani family, and SOS HGIC Class of 2008) and Vice President of Imani Ghana, Selorm Brantie also made separate presentations to GADOR. In all GADOR received GHS30,000, 700 disposable gowns, 85 overalls and 50 N95 masks.

Receiving the items on behalf of GADOR, Dr Priscilla Kpodoh and Dr Florence Akumiah explained that GADOR is a sub-group of the Ghana Medical Association (GMA), which represents doctors in residency training. They were grateful for the donations, which they said would greatly assist GMA’s efforts to address COVID-19 pandemic in Ghana.

Speaking at the presentation, Mr James Addo said that OccupyGhana® considers it a civic duty to throw its support behind the fight against COVID-19. “We are aware of the government’s efforts to fight the pandemic; it is however important that as citizens, we also contribute our bit to the fight. GADOR’s request for our support coincided with our own discussions with IT Consortium Ltd on launching the electronic platform for contributions, and so this was a super opportune time to jump in and give our full support to this global fight,” he said.

Mr. Addo appealed to Ghanaians to help combat the disease. “We are in this together. In addition to complying with all the rules on social distancing and self-quarantine etc, our donations to and support for our heroic doctors and other medical professional in the frontline of this fight will go a long way to get our lives back to normalcy, quickly. Please call the short codes *887*2# and *887*10#, and make a donation of any amount,” he added.

In the Service of God and Country

OccupyGhana®

 

COVID-19 – ARE WE READY?

1st March 2020

OCCUPYGHANA® PRESS STATEMENT

COVID-19 – ARE WE READY?

Since the very first patient reported to a hospital in Wuhan China on 1 December 2019, the COVID-19 virus has led to 87,586 confirmed infections and 2989 reported deaths worldwide as at 1 March 2020.

Wuhan in the Hubei Province in China is the epicentre of this outbreak that is reaching pandemic status and even though cases have been reported from 57 countries so far, China remains the country with the most cases and deaths.

In the last week or two, Iran, Italy and South Korea have reported an increasing number of cases too.

Until last week, no cases had been reported from countries in sub-Saharan Africa. However, that changed when an Italian travelled to Nigeria from Milan, Italy (the epicentre of the outbreak there) and was found to be positive for a COVID-19 infection. This shows that it is only a matter of time until cases are seen in Ghana too. With the amount of travel between countries in the sub-region and also between the region and Europe, we in Ghana are bound, sooner or later, to see cases.

That is why the country needs to be prepared if an outbreak should occur.

The Ghana Health Service (GHS) recently released a paper detailing its degree of preparedness. The efforts to prepare for and deal with a possible outbreak of COVID-19 are being spearheaded by the Emergency Operations Centre (EOC) with help from units like a Rapid Response Team (RRT). We commend all involved in those efforts. However, we cannot escape the fact that the nation’s health sector is weak and not well-resourced. This means that our preparedness for epidemics and/or pandemics may not be the most optimal. The 2019 Global Health Security Index, published by Johns Hopkins and the Nuclear Threat Initiative ranked Ghana 105th out of 195 on preparedness for epidemics and pandemics.

Notwithstanding these odds, Ghana has been able to deal with outbreaks like H1N1 influenza and cholera; so the ability is there.

Thus, where a possible COVID-19 outbreak is concerned, thought must be given to what to do when our resources are stretched to the maximum. There must be a Plan B. With this Press Release OccupyGhana® seeks to explore that.

In planning for a possible COVID-19 outbreak, OccupyGhana® suggests that Ghana considers the following variables:

1 – Surveillance;

2 – Containment;

3 – Prevention;

4 – Testing;

5 – Treatment;

6 – Coordination; and

7 – Finance.

 

  1. SURVEILLANCE

Since COVID-19 started and is spreading outside Ghana, keeping an eye on travellers to Ghana from the countries with outbreaks of the virus is of utmost importance. The Ghana Health Service (GHS) in collaboration with the respective stakeholders is already monitoring travellers at our ports-of-entry. Since patients infected with the virus may not show symptoms in the first 14 days, the combination of temperature monitoring and the use of the health declaration form is a good idea. To ensure that surveillance at these ports-of-entry are done properly, the calibre of medical staff manning these health post must meet international standards.

In our places of work and worship, in our schools and universities, we should all be on the lookout for those who may appear ill and ask them to seek treatment or to self-quarantine.

Surveillance testing is another important yet expensive part of dealing with an outbreak. The Chinese surmised that COVID-19 could be circulating more broadly and undetected in the community, especially in patients with fever, flu-like or SARS-like symptoms. Thus, they tested broadly and widely, including all who showed these symptoms and those who presented to their fever clinics. In Guangdong Province, by 24 February 2020, 320,000 suspected cases had been tested. 420 patients tested positive, giving a yield of about 0.14%. Given our economic means, surveillance testing may not be feasible.

  1. CONTAINMENT

Quarantining those who are suspected of having the virus either because they travelled to a high-risk area and/or have had contact with a person with the virus is one of the best ways of preventing the spread of the disease. The only known quarantine centre we have is a 100-bed new hospital. Thought must be given to finding alternatives. Could finished but unused public housing be commandeered for this purpose? Other unused hospitals? What about tents or converted containers?

Another option is for patients to self-quarantine at home. This calls for a high level of discipline on the part of patients. Maybe law-enforcement could be used to ensure isolation is adhered to. The police and even the army may be necessary in those instances where whole communities or even towns may need to be isolated.

  1. PREVENTION

That can go a long way to reduce the contraction and spread of the virus. Enough cannot be said about personal hygiene including the washing of hands for at least 20 seconds and keeping a safe distance of at least 1 meter from persons with symptoms. The use of face masks by infected patients may reduce the spread of droplets when they cough or sneeze.

People who fall sick with symptoms that may be due to COVID-19 should consider not going to work, school or even church. They should avoid large gatherings.

In this, public education assumes a very important role. Constant education of the public through TV, radio and social media would be very helpful.

Events that call for large gatherings – funerals, church services, campaign rallies, sporting events – may need to be curtailed.

Ghana’s experience from the H1N1 epidemic in 2009 when the 1st confirmed case reported at a private clinic in Accra should teach us that the frontline primary care facilities could well be where the first case would be picked up. Private facilities are the first option for foreigners and this could be the route for community entry and transmission of COVID-19. Even preliminary checks by OccupyGhana®’s Medical Team suggest that preparedness at the front-line facilities is poor. Being prepared means making sure front-line clinics and polyclinics have the logistics and supplies needed to screen, catch and hold suspected cases until help is received from the Rapid Response Team. Currently, even though some training has been done, no additional support like Personal Protective Equipment has been made available at this level.

Several numbers have been made available for a hotline. Maybe there should be just one number made up of 3 easy-to-remember digits. Also, these numbers cannot be the personal phone numbers of medical personnel.

  1. TESTING

Testing is now being done at just two places – Noguchi Memorial Institute and the Kumasi Centre for Collaborative Research. The Emergency Operations Centre (EOC) should ensure that all frontline clinics know what to do when a patient shows up with symptoms suspicious of COVID-19 infection.

These clinics should have holding rooms for such cases. The personnel should also have protective gear that allows them take samples from the patient that the Rapid Response Team can then pick up. Having an easy-to-remember hotline number helps.

  1. TREATMENT

Tema General and Ridge hospitals have been designated as the two hospitals for isolating and treating these patients. Four other facilities (Ga East, Police, LEKMA and Korle-Bu Teaching Hospitals) have been identified as additional facilities to support case management.

However, are these isolation and treatment centres ready and able to accept and manage confirmed cases? Do they have adequate stocks of oxygen, ventilators and other vital equipment? We were surprised to learn that until a few days ago, Tema General Hospital had no running water. We were also shocked to learn about how Korle Bu Hospital, a designated support centre for COVID-19 buckled under when its lack of readiness was exposed by 2 suspected cases. How can we trust that these designated centres are up to the task?

COVID-19 can lead to severe pneumonia and even Acute Respiratory Distress Syndrome (ARDS). These complications call for intubation and ventilation in the intensive care setting. Ghana has very few ventilators nationally. The health system could get very overwhelmed quickly if there is an outbreak of COVID-19. Without an acute expansion of our intensive care capabilities in the next few days, we need to realise that not everyone who will need life support is going to get one. So, for the future we urge the government to expand our intensive care capabilities and also set up at least 1, preferably 2 specialised hospitals for Infectious Diseases management and research. These emergent viral diseases are here to stay.

Lastly, so as not to overload our already crowded medical facilities, those with mild symptoms should be advised to stay home. That will all depend on the level of education that is done.

  1. COORDINATION

The Emergency Operations Centre (EOC) which was set up during the Ebola epidemic was dismantled after that outbreak died out. That should never have happened. Ghana is constantly buffeted by infectious disease outbreaks and the ability to deal with them on a large scale should be maintained at all times. However, per the statement from the GHS recently, another EOC has been set up in the wake of COVID-19. Moreover, the Incident Commander of the EOC or a surrogate should maintain open lines of communication with the general public. It helps inform, diffuse anxiety and counter mis-information. There’s also the need to prepare a COVID-19 vaccine deployment plan now and explore access mechanisms as WHO has already deemed Ghana to be among the high-risk African countries.

  1. FINANCES

Government initially declared an emergency provision of GHS2.5m for COVID-19 preparation. Subsequently, the MOH/GHS EOC estimated a budget of about GHS35m. It is understood that an initial GHS2.5m is in the pipeline. The slow pace of MOH/GHS mobilisation is very worrying as COVID-19 is a global emergency.

In conclusion, although Ghana may not be as prepared as a lot of developed nations, OccupyGhana® believes that if we consider the above, use our resources well, think outside the box and figure out alternatives, we might just avert a disaster should there be a COVID-19 outbreak.

In the Service of God and Country

OccupyGhana®

The Case of the Missing Galamsey Excavators

29 JANUARY 2020

FOR IMMEDIATE RELEASE

JOINT PRESS STATEMENT BY THE MEDIA COALITION AGAINST GALAMSEY AND OCCUPYGHANA

THE CASE OF THE MISSING GALAMSEY EXCAVATORS

Accra, January 29, 2019 – The Media Coalition Against Galamsey, OccupyGhana, and we believe, most Ghanaians, are disappointed and saddened by the revelation by the Minister for Environment, Science, Technology and Innovation, Professor Frimpong Boateng that hundreds of seized Galamsey excavators have disappeared from District Assemblies around the country.

Our deep concern at this revelation stems from the fact that the authorities have simply once again failed to follow and enforce the law. The inability of the government to enforce the law, from the facts as we know them, is only matched by the brazenness of the illegal miners.

We have a number of questions for the government that require answers; and we respectfully demand those answers.

First, under the 2006 Minerals and Mining Act, it is illegal for anyone to “erect equipment… for the purpose of mining” without being the holder of either a mining lease or a small-scale mining licence. Everyone who does this commits an offence. The government has to explain to Ghanaians whether the persons from whom the equipment was allegedly seized were also arrested. If that did not happen, the government should explain why it did not happen. Or, were the illegal miners also allowed to disappear just like the equipment?

Second, the law then provides that upon the arrest of illegal miners, the equipment they were using “shall, regardless of the ownership…, be seized and kept in the custody of the police.” It is for very good reason that the law demands that the equipment should be kept by the police, and no other institution. The government therefore has to explain to Ghanaians why the equipment allegedly seized was kept with District Assemblies and not the police. Was this deliberate? Was this to make it very easy for the equipment to simply ‘disappear’? Did anyone take an inventory of the seized equipment and if so where is that inventory? Which public officers were responsible for flouting the law?

Third, the Act demands that the arrested persons should be tried in court and then upon conviction, the court is empowered to “order the forfeiture of any equipment… seized.” The government has to explain to Ghanaians whether the persons from whom the equipment was seized were duly prosecuted, and if not, why not? Without prosecution, the seized equipment cannot be forfeited in the manner the law demands. Are any prosecutions still taking place? If so, have there been any convictions? And if so, did the courts order forfeiture? Is the government able to publish a report on these matters?

Fourth, the Act provides that within 60 days of the confiscation, the Minister for Mines shall “allocate the equipment… to the appropriate state institution and publish in the Gazette the name of the state institution to which the equipment… is allocated.” We do not need to ask this question because it is pretty obvious to all of us that this has not happened.

Fifth, the Roadmap For Lifting of Ban on Artisanal & Small Scale Mining & the Way Forward policy document says in section 3.2.1 bullet 3 that there shall be a “Directive by the Government/IMCIM to move all earth moving mining equipment for artisanal and small-scale mining to designated areas for subsequent registration and installation of tracking devices. This will be done under the direct supervision of the Regional Ministers prior to the vetting of artisanal and small-scale mining companies”. Obviously from the statement of the Minister this directive has not been implemented.

Also, section 3.2.5 states that “The Minerals Commission in collaboration with the Driver and Vehicle Licensing Agency (DVLA) have been tasked to register and install tracking devices on earth moving equipment to ensure that the use of equipment at inappropriate locations are monitored and reported. A committee was formed to deal with the registration and installation of tracking device on the earth moving mining equipment.” Has this provision been implemented? If it had, these excavators would have been registered and could be tracked making it impossible for them to be stolen. Can the government explain to Ghanaians why this has not happened?

And, sixth, we also need to know from the government whether all existing mining leases and small-scale licences have now been submitted to Parliament for ratification as is required under both the Constitution and the Minerals and Mining Act.

Considering the above and the revelation by the Minister, the government should be as unhappy as we are, and more so. If the government with all the power and force at its disposal is unwilling to or incapable of implementing and enforcing its own laws, then it gives a signal to potential wrongdoers that we have no respect for the rule of law; it is just something we mention to others to make us feel good. That is why the nation is still under brazen attack from illegal miners. They know that we make noise and even deploy our military, but we have no teeth to bite. Nowhere is this more evident than the blatant illegal mining at the place called “Dollar Power,” and the apparent inability or unpreparedness of the government to enforce the law there. This and the impunity it connotes should be a scar on our conscience.

We are therefore not surprised that the War Against Galamsey is generally accepted to be failing. Operation Vanguard has all but petered out. That is unacceptable. We call on the government to shake itself out of its stupor and enforce the mining law without fear or favour. We also call on the media and civil society organizations to reawaken, hold leadership to account and reinvigorate the #StopGalamsey war.

Losing this war is not an option. Irresponsible and unsustainable mining is an existential threat and should not be countenanced.

Issued by:

Media Coalition Against Galamsey
OccupyGhana

OccupyGhana® Demands Return Of Government Vehicles Illegally Sold To Political Appointees

OccupyGhana® Demands Return Of Government Vehicles Illegally Sold To Political Appointees

27TH JANUARY 2020

OCCUPYGHANA® PRESS STATEMENT

OCCUPYGHANA® DEMANDS RETURN OF GOVERNMENT VEHICLES ILLEGALLY SOLD TO POLITICAL APPOINTEES

OccupyGhana® has read reports of a statement by President John Mahama on 17 January 2020 that if he is elected back to office, he would “to put an immediate and permanent end to the purchase of duty post vehicles by political appointees,” and that “Government vehicles will remain government vehicles.” On this matter there appears to be unusual unanimity among the two leading contestants, as President Akufo-Addo is also reported to have told ministers on 11 April 2017 that “No official is any longer going to have the opportunity to buy any official car, so that we put an end to [the constant buzz], ‘Where are the cars? Where are the cars?’ Nobody is going to have that capacity anymore.”

While we at OccupyGhana® wholeheartedly agree with these pronouncements, we have grave reservations that must be addressed. Simply, we are not satisfied with bare promises and assurances of executive action. We believe that this is a matter where government is simply required to respect and comply with the law as laid down in the 2003 Public Procurement Act, as amended in 2016.

Therefore, we demand proof that the government followed that law in the sale of a massive 361 government vehicles to “political appointees” between 29 December 2016 and 6 January 2017, or a return of all of those vehicles to the government for due process to be complied with and proper value realised for them. The law that applied in 2016 is that which applies now. If the law was breached then with no consequences and sanctions, there is no guarantee that it would not be breached again. That is why these the “never again” assurances provide cold comfort and ring hollow to us.

When the Public Procurement Act was passed in 2003, it introduced under its Part Eight (sections 83 and 84) a mandatory procedure for disposing of government “stores, plant and equipment.” That procedure involved establishing a Board of Survey, obtaining a Technical Report and Recommendations, and ultimately, the sale of only “obsolete or surplus items” by public tender to the highest tenderer or public auction subject to a reserve price.

While several citizens were in no doubt that this law applied to the sale of government vehicles, successive governments still disposed of such vehicles especially to their appointees after every election, without recourse to the law. The ridiculous and risible excuse from those governments was that the words “stores, plant and equipment” in the law did not specifically apply to vehicles.

However, with pressure from civil society and several others, in June 2016, Parliament finally amended section 83 of, and introduced a new section 83A to, the 2003 Public Procurement Act, so that the mandatory procedure for disposing of government assets would specifically apply to government vehicles.

Thereafter, one would have expected that the government would comply with this new law. However, in a period of just nine days starting from 29 December 2016 and ending on the night before the handover of power on 7 January 2017, and while Ghanaians were focused on the political transition, there was this massive sale of government vehicles to departing political appointees in apparent disregard and breach of the law, at an average of 40 cars per day!

On 28 March 2017, we wrote to both the Chief of Staff and the Administrator-General under our right to information under Article 21(1)(f) of the Constitution, inquiring whether the government followed the law in those disposals. It was within weeks of this letter and while we were awaiting responses that President Akufo-Addo announced the ban.

When after several months of more waiting we did not receive a response from either office, we sent reminders on 30 January 2018. This time we received a response from the Administrator-General on 7 February 2018 providing us with a schedule and details of 361 “vehicles disposed of as end-of-service benefits to political appointees,” the names of the beneficiaries, and how much they were sold for.

If the breach of the law was surprising, then the prices at which the vehicles were sold told shocking story. For instance a Toyota Camry registered in 2014 was sold to a political appointee in 2016 for GHS12,500. A Toyota Corolla commissioned in 2013 and registered in 2015 was sold to another political appointee for GHS6,000. Another Toyota Corolla, commissioned and registered in 2016 was sold for GHS6,100 to an appointee. A one-year old Nissan Sunny went to an appointee for GHS7,500. In another instance, a Toyota Avensis was sold for just GHS1,200 to another appointee. BMWs were sold to the more prominent appointees at between GHS25,000 and GHS45,000.

In the absence of the Technical Report that the law demands, it is impossible to ascertain if these vehicles were even or duly classified as “obsolete and surplus.” What has become apparent is that there was no Board of Survey or Technical Report. There certainly were no public tenders or public auctions. The vehicles were simply handed over to political appointees at ‘yor kɛ gari’ prices, all in flagrant breach of the law.

That is why in the Administrator-General’s 7 February 2018 letter, he tellingly stated that he could not provide information on whether the disposals complied with the mandatory procedure imposed by law, and then directed us to seek answers to this from the Office of the Chief of Staff. That office has never responded to us. When on 14 February 2018 we wrote back to the Administrator-General demanding data on disposal of assets since 2003, he responded on 15 February 2018 to say that his office did not have that data since it only came into existence in 2013.

Our further letter to the President dated 17 July 2018 demanding a full-scale inquiry into the matter has received neither a response nor any action. The lack of response is particularly worrying when viewed against the fact that section 92 of the Act criminalises breaches of its provisions and makes offenders (i.e. officials and beneficiaries) liable to be jailed for up to five years.

It is in the light of the above that we remain unconvinced by the assurances made by the immediate past president and the current president to end this practice. We note that they still fail to acknowledge the sheer illegality of it. That is why we believe that the best way to assure Ghanaians that this practice is or will be a thing of the past, would be to satisfy Ghanaians that the December 2016 sale of 361 government vehicles was in accordance with the law. If not, we expect the government to rescind those sales forthwith and then compel compliance with the law.

We call on all well-meaning Ghanaians to support our demands especially in the light of our shared constitutional duty under Article 41(f) “to protect and preserve public property and expose and combat misuse and waste of public funds and property.”

We believe that in the coming elections, Ghanaians will judge the parties, especially those that are in power or have been in power before, not just by the sweetness of their promises and assurances, but by their deeds concerning the same matters about which they seek to make promises and give assurances.

Still in the service of God and Country.

OccupyGhana®

CONSTITUTION DAY: IT IS TIME TO TAKE THE ASSETS AND LIABILITIES DECLARATION REGIME SERIOUSLY

7th January 2020

OCCUPYGHANA® PRESS STATEMENT

CONSTITUTION DAY: IT IS TIME TO TAKE THE ASSETS AND LIABILITIES DECLARATION REGIME SERIOUSLY

OccupyGhana® salutes Ghanaians on the 26th anniversary of the coming into force of the Fourth Republican Constitution. Marking 7th January as ‘Constitution Day’ is intended to acknowledge Ghana’s collective efforts at ensuring that the tenets of democracy, rule of law and principles of constitutionalism are upheld. This has been the longest spell of constitutional democracy since independence, and it is no mean achievement.

On this auspicious day we would want to highlight, once again, an aspect of our Constitution that has been largely ignored by successive governments, but which is currently being forced to the front burner of our national discourse by the Auditor-General: the declaration of assets and liabilities by public office holders.

Our position is summarised as follows:

(i) affected officers must file the declarations at the specific times prescribed by the Constitution (for which reason the six-month extension granted by statute is unconstitutional and must be repealed),

(ii) the over 40,000 public officers in default must be compelled to comply forthwith, and

(iii) the Auditor-General must end the unconstitutional system of secret, unverified declarations.

TIME FOR FILING

The Constitution expressly and mandatorily requires that prescribed office holders must declare their assets and liabilities to the Auditor-General (i) before taking office, (ii) on every fourth anniversary thereafter, and (iii) at the end of a person’s term of office. We demand strict compliance with these mandatory timelines.

That is why we remain convinced that the provision in section 1(4) of Public Office Holders (Declaration of Assets and Disqualification) Act, 1998 (Act 550), which gives a 6-month extension for making declarations, is unconstitutional and void.

We therefore repeat our invitation to the government to take immediate steps to repeal this offending provision, without us having to proceed to the Supreme Court to have it struck down as unconstitutional.

PRESCRIBED OFFICERS

The Constitution prescribed specific public office holders who were to declare, and allowed Parliament to extend the coverage to other public office holders. This is what Parliament did when it passed Act 550, Schedule 1 of which contains the extended list.

Unfortunately, the vast majority of public office holders have simply failed, refused or neglected to make the declarations. From our conservative estimates, more than 40,000 public officers are currently in breach of the law.

While we were contemplating legal action against every public office holder in breach, we became aware of the Auditor-General’s 31st December 2019 Circular that announced that henceforth the declarations would be considered part of audits and that offending officers shall be reported to the Commission on Human Rights and Administrative Justice for action as required by article 287 of the Constitution.

Since then we have become aware of some frantic and even desperate efforts by some heads of affected institutions to ensure compliance within those institutions. We commend this to every institution mentioned in the law. As the saying goes, “better late than never.”

We also welcome this bold move by the Auditor-General and we give it our full and unalloyed commendation and support.

END OF SECRET DECLARATIONS

The fact is that even in the relatively few circumstances where declarations have been made, they have been made in sealed envelopes to the Auditor-General and remain unopened, unaudited and unverified.

However an automatic audit or verification would ascertain whether (i) the assets and liabilities were declared in accordance with the law, (ii) the assets declared actually exist, so as to prevent ‘assumptive’ declarations (where the person declares non-existing assets now, based on the assumption that through corruption those assets may be acquired later), (iii) the declarations were submitted within the time provided by the Constitution, and (iv) any new assets were acquired or liabilities discharged while in office, so that an inquiry may be conducted into whether those assets or the means to settle the declared liabilities were genuinely acquired.

Sadly, successive Auditors-General have not considered it part of their obligations under the Constitution to open the sealed envelopes, let alone verify or audit their contents.

We reiterate our position that there is nothing in article 286 that supports the current “secret declaration,” which is a contradiction in terms. The concept of a “secret declaration” that remains uninspected in the hands of the Auditor-General is not just alien to the Constitution but an anathema, and is therefore unconstitutional.

Verification by the Auditor-General is the only way to give life to article 286(3) as follows:

“Any property or assets acquired by a public officer after the initial declaration required by clause (1) of this article and which is not reasonably attributable to income, gift, loan, inheritance or any other reasonable source shall be deemed to have been acquired in contravention of this Constitution.”

The current stance therefore flies in the face of the probity, accountability and transparency provisions in the Preamble to the Constitution, negates the mandatory obligation placed on the state under article 35(8) “to eradicate corrupt practices,” and claws back the duty placed on citizens by article 41 “to protect and preserve public property and expose and combat misuse and waste of public funds and property.”

CONCLUSION

This is the fifth time that OccupyGhana® is raising the issue of assets and liabilities declaration. We believe that the government must take the lead in this matter and simply ensure that affected officers comply with the law. Further, we do not think that the government wants to wait for years of litigation before simply repealing the six-month extension for the declarations.

While saluting and congratulating Ghanaians on the 26th anniversary of the Fourth Republican Constitution, we wish to remind ourselves that there is a lot more to do to safeguard the Constitution and make its provisions relevant.

We once again invite all Ghanaians to occupy our spaces because if each of us does a little, together we will do a lot.

Still in the service of God and Country

OccupyGhana®

OCCUPYGHANA® – 2019 IN REVIEW

23rd December 2019
OCCUPYGHANA® PRESS STATEMENT
OCCUPYGHANA® –  2019 IN REVIEW
As the year draws to a close, we at OccupyGhana® reflect on what we have done this year, what is left to be done and where we want to go next year in the service of God and our dear country Ghana, as follows:
1.    We started off the New Year by congratulating the Auditor-General on the first ever Special Audit Report on Disallowances and Surcharges. The news that he had saved the country the net total of GHS5,445,676,134.53 in disallowances and recovered GHS67,137,517.86 in surcharges was very good. We also urged the prosecution of all persons found culpable in the Auditor-General’s Reports. That is yet to happen, to the best of our knowledge.
2.    Later that month, we sent a letter to the Minister of Finance in which we raised concerns about the new Fiscal Responsibility Act. We are yet to get an answer to any of the 14 questions we posed.
3.    On 1st February, we issued a statement that condemned the violence during the bye-elections at Ayawaso West Wuogon. We also demanded a commission of inquiry be set up to investigate the events that occurred that day. In a subsequent letter a few days later, we also questioned the legality of the National Security Council deploying armed personnel during the violence that marred the elections, stating firmly that any armed force operating in Ghana without parliamentary approval was an unconstitutionality.
4.    We were glad when the President announced a commission to investigate the violence during the elections a few days later. We note that the Commission’s Report was aligned with our position on the unconstitutionality of having an armed force operating without parliamentary approval. We demand that the government should either disband the NSC force or obtain parliamentary approval for it. We also urge Ghanaians to continue following the Commission’s Report to ensure that we end partisan and electoral violence once and for all.
5.    On 31st March, after a rather horrific and fatal accident involving two passenger buses on the Tamale-Kitampo road a few days earlier, we asked for measures that would reduce the carnage on our roads in a statement that elucidated the possible steps that could be taken. We can only hope that the authorities are considering those suggestions seriously.
6.    April saw us issuing a statement that disagreed with comments the Senior Minister, Hon. Yaw Osafo Marfo, made about the deportation of the Galamseyer and Chinese National, Aisha Huang. We were shocked at the justification given for that, especially when she was only properly charged with substantive offences after our intervention with and petition to the Attorney-General. We still disagree with the government on this. And as things turned out, the government now disagrees with its own action in this matter.
7.    In May, we saluted the President and Parliament on the Right to Information bill.
8.    On 13th June, we announced the inaugural OccupyGhana v. Attorney-General Anniversary Lectures. The event celebrated our work towards the Supreme Court decision that ensured that the Auditor-General now fully exercises disallowance and surcharge powers.
9.    In July, we joined most Ghanaians to question Parliament over its plans to build a new 450-seat chamber in light of all the other problems the nation faced and also since it did not appear in the annual budget. Those plans were rightfully shelved.
10.    Later on in the month, we questioned the circumstances surrounding the flouting of Afoko’s bail orders. We felt rightfully that those actions encroached on his civil rights.
11.    On 23rd August, in response to revelations by the journalist Manasseh Awuni on the Public Procurement Authority, and the collapse of several financial institutions that seemed to have no end, we demanded that the government enforces the laws to bring order in the procurement and financial sectors.
12.    We followed that with a statement a few weeks later that highlighted the importance of public officials appreciating the importance of avoiding Conflicts of Interest in the course of their work. We are still demanding the passage of a comprehensive legislation on the conduct of public office holders.
13.    Also in September, after the President finally expressed regret about Aisha Huang not facing trial before her deportation, a position we had advocated, we strongly expressed, once again, our disappointment with the government over that turn of events. In our view, that deportation, its justification and then its condemnation, all by the same government, marks one of the lowest points this year.
14.    A month later, we issued a statement condemning the heavy-handedness of the police against demonstrating law students in Accra. We hope that such acts of senseless brutality against Ghanaians will become a thing of the past.
15.    We followed it later with a statement demanding assets and liabilities declaration by over 40,000 public officials, who have flouted the constitution by not declaring. We urged the government to assist the Auditor-General in developing a robust software for assets and liabilities declarations.
16.    In mid-November, we demanded the government make good on the promise to set up an effective emergency response service in Ghana. To that effect, we asked for the release of the ambulances parked in front of the State House into use and also for the set up of command centers. We received a not-wholly satisfactory answer and will continue to demand more information and action on this.
17.    On 1st December, in a letter to the Attorney-General, we stated our view on the unconstitutionality of the 6-month extension given to public officials for asset and liabilities declaration. We expect the government to effect the necessary amendment of the extension provision in the law to bring it in line with the Constitution, without us having to resort to a court action on the matter.
18.    A few days ago, we reiterated the issue of the constitutional independence of the Auditor-General, and the need for the continued exercise of his disallowance and surcharge powers. We raised again the question on why no one was being prosecuted.
We cannot end this release without making two specific demands of government, and in respect of which we require answers before the end of the year:
(i) the Attorney-General must present a full update to Ghanaians on the status of the high profile corruption cases that are being investigated or prosecuted, including the status of recovery and enforcement in the Woyome and the Assibit/Abuga Pele cases; and
(ii) a full investigation into the alleged unauthorised development of a property at the Airport Residential Area that attracted the public ire and intervention of the Minister of Road and Highways, and the much publicised arrest of the developers.
As one can see, we have been busy. From the formation of this organisation, we have emphasised on a fight for hearts and minds, and we have stuck to that with a lot of successes chalked. We believe that our strength lies in the fact that our efforts are based on using, primarily, the law to enhance governance. We believe that the victories won this way are longer-lasting and more effective.
We will continue to stay vigilant and fight for good governance for our dear country. We cannot take on every fight. That’s not what we seek to do, and we do not even have the capacity to do that. Within our means and abilities, we occupy our space and have combined as a group into something formidable.
As we wish every Ghanaian a Merry Christmas and Happy New Year, we urge each one to occupy his or her space and in so doing, help right the wrongs that plague our land and put this country on a true road to becoming greater and stronger.
For God and Country!
OccupyGhana®

OCCUPYGHANA® HAILS CONSTITUTIONAL INDEPENDENCE OF AUDITOR-GENERAL

12TH DECEMBER 2019

OCCUPYGHANA® PRESS STATEMENT

OCCUPYGHANA® HAILS CONSTITUTIONAL INDEPENDENCE OF AUDITOR-GENERAL

OccupyGhana® has closely followed the story about the Auditor-General disallowing a one million dollar payment and surcharging the Senior Minister with that amount.

We have also seen a statement dated 11th December 2019, issued by the Senior Minister in which he states his disagreement with the Disallowance and Surchage and communicates his intention to challenge them in court.

We do not think that these momentous developments in our history ought to pass without comment.

This is probably the first time in this Fourth Republic (and possibly in Ghana’s political history) that an Auditor-General has dared to issue a Disallowance and then Surcharge a minister; and no less a minister than the Senior Minister.

And under the constitutional dispensation that we are blessed with, the Auditor-General who issued the Disallowance and Surcharge cannot mysteriously disappear. He cannot be shut up. He cannot be arrested or lose his job for doing his work. Rather, people he surcharges (whoever they are) have no option but to work under the principles of constitutionalism and the rule of law, and to challenge the Auditor-General in court.

When in November 2014, OccupyGhana began the fight to compel the Auditor-General to exercise the constitutionally-mandated powers of Disallowance and Surcharge, our biggest obstacle was the several naysayers who were convinced that we had no case and would lose. But we were confident because our cause was just and our course was right. We were fortified in our simple argument: that where the Constitution donates a power and prescribes the circumstances under which the power is to be exercised, it is a breach of the Constitution if that power is never exercised. We were convinced that especially where the Auditor-General himself issued annual reports showing the routine illegal dissipation of Ghana’s resources, the non-use of the power to check that wrong was in and of itself an abuse of the power.  We therefore urged the Supreme Court to interpret the empowering word “may” in the Constitution as the imperative “shall,” so that whenever the Auditor-General discovers what he considers to be a wrongful use of Ghana’s money, he would be mandatorily required to disallow and surcharge.

When on 21st June 2016 the Supreme Court came out with a judgment that granted each of the five reliefs we had sought, we knew that the history of public sector accountability in Ghana had changed forever. But the Supreme Court was not done. It gave one further relief that we had not even asked for, as follows: “Finally, the Attorney-General is hereby ordered to take all necessary steps to enforce the decisions or steps taken by the Auditor-General…to ensure compliance including in some cases criminal prosecutions.”

 

Going to court cost us a lot in terms of energy, time and resources. But Ghana was and remains the winner from our convictions and resolve.

We do not know as yet the legal route that the Senior Minister plans to take in his promised challenge. However, if it is an appeal under the new Order 54A of the High Court (Civil Procedure) Rules, 2004 (CI 47), then we are even more gratified because we were proud to work on and submit the original draft that gestated into the Bill, which was adopted by the Rules of Court Committee and passed by Parliament as the High Court (Civil Procedure) (Amendment) (No. 2) Rules, 2016 (CI 102), and which we have happily named “the OccupyGhana Rules.”

We believe that in the final analysis, if the Auditor-General erred in the Disallowance and Surcharge against the Senior Minister, the court will say so. However, if he was right, the court will also say so and hold the Senior Minister liable to pay the money paid under the transaction to the state.

That is democracy. That is constitutionalism. That is the rule of law. Ultimately, when the story of Ghana is told, it ought to end with three words: “…and Ghana won.”.

Yours in the service of God and Country,

OccupyGhana®

GHANAIANS WILL NOT BE SPECTATORS OF PARKED AMBULANCES

17th NOVEMBER, 2019

OCCUPYGHANA® PRESS STATEMENT

GHANAIANS WILL NOT BE SPECTATORS OF PARKED AMBULANCES

Last year, the direness of medical care in Ghana was heightened significantly after several high-profile deaths due to a lack of beds in our hospitals and/or lack of a functioning emergency response system.

In the brouhaha that followed these deaths, OccupyGhana® and Citi FM petitioned the President on 27th July, 2018, to among other things, complete and operationalise several uncompleted hospitals, set up a bed management and a functioning emergency response system. Regarding the emergency response system, we did not only ask for ambulances and paramedics but we especially noted the need for the establishment of a Command Centre to coordinate and direct the supply of emergency services. We saw that as the first step in setting up an emergency response service.

In the year since then, a few of the hospitals have been completed but not fully operationalised. According to the Special Development Initiatives Ministry, 500 paramedics are being trained and due to graduate soon. The government has taken delivery of 48 ambulances out of 307 that have been budgeted for. However, since their arrival several weeks ago, they have been parked in front of the State House. Also, contrary to what the President promised last year, there is still no Command Centre. We also do not know the status of the bed management system.

Like most Ghanaians, OccupyGhana® wonders why in light of the fact that the country has so few working ambulances, these new ambulances would be left idling before the State House instead of being out in the constituencies being used to save lives. In a recent interview, even the Public Relations Officer of the National Ambulance Service (NAS) had no idea when the ambulances would be released by the government for deployment.

Finally, we heard this last Friday from the Minister of Health who said that distribution was delayed because the ambulances were being received in batches. More clarity came from the Special Development Initiatives Ministry which gave a rough timeline of when the ambulances will be deployed and why they are still parked in front of the State House. Three of the steps being taken deserve further consideration. According to the ministry the ambulances have not been deployed because:

– they are being fitted with trackers;

– receiving points are being set up; and

– paramedics are still being trained.

We can excuse the fitting of the trackers. We can even excuse the training of the paramedics. But what cannot be excused is the lack of receiving points for these ambulances.

In emergency care, the stepwise care of the critically ill or injured goes by algorithms that are known as the “ABCDs.” They are important because following them leads to the saving of lives.

In establishing an emergency service, that same order is needed to prevent chaos. Ambulances are a very important part of an emergency response service but even more important are the receiving points or what we termed “Command Centres” in our petition to the president a year ago. Once you have that, the pieces that make up an emergency response service are easier to arrange as you get them. If we had a Command Centre, we would have been ready even before the ambulances arrived. Instead, these ambulances are gracing the courtyard of the State House in all their splendour. They have become eye candy for a desolate populace whose voices precipitated a rapid acquisition of these ambulances.

This demands us to ask these very pertinent questions:

– Are there plans afoot to set up a central command centre or is the national Ambulance Service going to be the de facto Command Centre?

– Are these receiving points going to be command centres or just places where the ambulances are housed?

– Is there a bed management in place to allow the ambulance drivers to take patients to facilities that have available beds?

– Will the ambulances be equipped with suitable mapping technology to help them find patients?

– What plans have been made for constituencies with no hospitals? Where will their emergency cases go?

We did applaud the government for its response in making these ambulances available in the first place. But we equally express our disappointment that the ambulances since arrival have been inactive. Thus, we ask these questions because these ambulances just sitting there while people are dying, is a mark of gross irresponsibility and paints a vivid picture of lack of completeness in the thinking that went behind acquiring the ambulances in the first place.

It is enshrined in the Constitution, Article 34(2) that the citizenry has a Right to Good Health Care. How does parking the buses in front of the State House ensure that?

We rallied behind the President to his clarion call to be citizens. We will not settle to be spectators, especially to parked ambulances. Accordingly, we demand answers and no excuse but prompt and immediate action.

Yours in the service of God and Country

OccupyGhana®

OccupyGhana® Files Supreme Court Action Against Attorney-General To Enforce The Disallowance And Surcharge Obligations Of The Auditor-General

OccupyGhana® Files Supreme Court Action Against Attorney-General To Enforce The Disallowance And Surcharge Obligations Of The Auditor-General

Introduction

OccupyGhana® announces that on Wednesday 22nd June 2016, it filed an action at the Supreme Court against the Attorney-General (and ultimately the Auditor-General) for declarations that upon a true and proper interpretation of Article 187(7)(b) of the Constitution, the Auditor-General is bound to issue a Disallowance and/or Surcharge where:

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