Professor Kwaku Asare has reminded Ghanaians that public office is not a lottery ticket and that the Constitution is not a book of suggestions. He emphasizes that when people enter government with nothing and exit with empires, it is not success, but a red flag.
The Unexplained Wealth Clause
Article 286(4) of the 1992 Constitution states that any property or assets acquired by a public officer after the initial declaration 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 the Constitution. This provision is the Constitution’s most potent anti-looting tool, flipping the burden of proof to require public officers to prove the legitimacy of their wealth.
The Problem
Despite its power, this clause has been dormant for over 30 years due to Parliament’s failure to pass an enabling law to implement it. Professor Asare proposes an 11-part framework for an Unexplained Wealth of Public Officers Act, which would bring Article 286(4) to life.
Proposed Framework
The proposed law would:
1. Establish an independent committee to review asset declarations and flag discrepancies.
2. Allow investigations to be triggered by whistleblower tips, media reports, and audit red flags.
3. Reaffirm the rule that if wealth cannot be reasonably explained, it will be forfeited to the state.
4. Spell out procedures for investigation, including power to summon documents and witnesses.
5. Provide for court orders to forfeit assets, impose fines, and refer cases for criminal prosecution.
6. Protect whistleblowers with anonymity, immunity, and potential rewards.
7. Establish offenses and penalties for obstructing investigations, laundering assets, and making false declarations.
Call to Action
Professor Asare and GOGO are calling on the 9th Parliament to pass the Unexplained Wealth of Public Officers Act, which would finally implement Article 286(4) and help safeguard the public purse, restore public trust, and respect the Constitution.