Asset Recovery and Management Policy Framework launched in Accra

GIZ – Governance for Inclusive Development Programme Co-funded by the British Foreign, Commonwealth and Development Office (FCDO) has launched the Asset Recovery and Management Policy Framework and inaugurated fifteen implementation committee members at the Holiday Inn Hotel, Accra on Tuesday 12th December 2022, to give a new direction and strategy in tackling corruption and economic related crimes.

These new strategies are implemented by the state to prevent persons who engage in economic crimes from enjoying the proceeds of their criminal activities and such measures will significantly make corruption and economic-related offences unattractive.

The Deputy Attorney General and Deputy Minister for Justice, Diana Asonaba Dapaah in delivering her address revealed that the battle against corruption, Illicit Financial Flows (“IFFs”) and other forms of organized crime is not one to be taken lightly as it is broader than what is currently seen and these crimes she said have far-reaching consequences as they contribute to the insufficient distribution of resources in Ghana and on the African continent at large.

She noted that, in the wake of corrupt activities by persons, including public officials, on the African continent especially, the conversation has been on how their extravagant assets in foreign countries and offshore accounts could be recovered after a successful prosecution.

“The success of the modern legal framework is making it possible for corrupt persons to be arrested and prosecuted resulting in assets of such persons being seized and accounts being frozen by courts of competent jurisdiction,” She added.

“These collectively prove the urgency to which the global movement wants to ensure the return of assets to the countries they were stolen from,” Madam Dapaah indicated.

Challenges

Madam Dapaah disclosed that some systemic challenges make the asset recovery process in Ghana a complex and complicated task.

“At the domestic level, there are challenges of identifying, seizing, freezing and confiscation in addition to the more problematic issue of proving the origin and ownership of these assets. Furthermore, a major problem still lingers in the right procedure to evaluate the assets of corrupt persons including public officials and also to prosecute them after they have been proven guilty. The covering of immunity of some of the state officials makes it difficult for them to come under scrutiny and the right punishment to be passed on them for their crimes,” she said.

She also stated the inadequacy of provisions in the relevant laws on the important issue of the management of recovered assets.

“This has led to huge losses to the state and loss of public confidence in the process,” She said.

Consequently, madam Dapaah stated that the Law Enforcement Coordinating Bureau (“LECOB”) tasked EOCO to create a division and a centralised framework for asset recovery and management for all law enforcement agencies in Ghana.

At the international level, Madam Dapaah disclosed that there are jurisdictional challenges including the application of Mutual Legal Assistance and all the complexities associated with it. Even where the recovery effort is successful, a critical problem has to do with the management of the recovered assets. These should not however deter us from taking proactive measures towards improving the already existing mechanisms aimed at the recovery and management of tainted assets.

The Deputy Attorney General encourage the promotion of enhanced diplomacy and international relations between Ghana and other nations and the presence of these relationships she said does not only strengthen ties for economic growth but also provides avenues for the fight against common vices of which corruption is a part.

“In view of allowing the free flow of information and a coordinated effort for the recovery of assets, it is of importance that some diplomatic caucus is encouraged among nations to enhance positive international relations for the agreed cause. This will build trust and give way for proper negotiations and communication, “Madam Dapaah added.

“It is necessary that the law itself is not used as a shield to safeguard government officials or any other corrupt person from any level of scrutiny. It is also recommended that the level of immunity against legal actions against suspected corrupt officials be reviewed to ensure that every stolen asset is duly returned to the State,” she said.

She also encourage the State to sign more asset recovery specified agreements so that there would be a move away from rhetoric towards action. It is highly expedient and relevant for some agreements to be in place between Ghana and several foreign states to steer the asset recovery process and to aid in retrieving stolen assets.

The Deputy Attorney General and Deputy Minister of Justice Diana Asonaba Dapaah charge the Implementation Committee to see to the effective operationalization of the thematic areas captured in the 1-3year Implementation Strategy to promote best practices and techniques as far as Ghana’s asset recovery and management regime is concerned.

The Chief Executive Director of the Economic and Organized Crime Office (EOCO) Commissioner of Police (COP) Maame Tiwaa Addo-Danquah in delivering her address emphasized the persistent failure on the part of LEAs to manage assets linked to the commission of crimes eventually culminated in Ghana receiving low ratings as far as the recovery of proceeds of crime is concerned.

This finding she said is succinctly captured in the report published after the second round of Mutual Evaluation undertaken by GIABA in 2017.

She stated that a casual visit to the precincts of our Police Stations, courts and even the car parks of Law Enforcement Agencies (LEAs) would reveal that these areas are littered with seized and impounded vehicles which are almost always connected to the crime.

“With time, these restrained vehicles are left to rot away under the harsh conditions of the weather with very little or no value to salvage at the end of the criminal justice process,” she said.

COP Maame Tiwaa disclosed that to address the above strategic deficiencies and to whip Ghanaians’ asset recovery and management regime in line with international best practices, the Law Enforcement Coordinating Bureau (LECOB), tasked EOCO to spearhead the process for the adoption and operationalization of a harmonized regime on Asset Recovery and Management.

“Fortunately, attempts at navigating our way around this national assignment caught the attention of GIZ’s Governance for Inclusive Development (GovID) Programme commissioned by the German Federal Ministry for Economic Cooperation and Development (BMZ) and co-funded by the British Foreign Commonwealth and Development Office (FCDO). By this, GIZ offered to fund and lend its critical support to the national assignment geared towards building a robust and efficient asset recovery and management regime in Ghana,” she said.

Additionally, COP Maame Tiwaa noted that GIZ, through a competitive and transparent process selected an international consultant by the name Alex Ferguson who subsequently developed the following principal documents after a comprehensive assessment and review of relevant laws and institutions in Ghana: National Policy Framework on Asset Recovery and Management 1-3year Implementation Strategy for operationalization of the National Policy Framework and Standard Operating Procedures for LEAs.

Touching on the review of the first draft of the documents by EOCO and GIZ, Maame Tiwaa Addo-Danquah said a one-day validation workshop was organized, and this had relevant agencies such as the Ghana Police Service, Office of the Special Prosecutor, Financial Intelligence Centre, Ghana Revenue Authority, and the Narcotic Control Commission represented.

“The validation workshop sought to collate comments and suggestions on the three draft documents, and this enabled the consultant to finalize work on the documents,” she said.

Maame Tiwaa disclosed that a series of capacity-building programmes were organised to give officers within LEAs a practical feel of how the ARM regime could be operationalized given their respective statutory mandates.

“I am therefore of the firm belief that our collective resolve to see to the operationalization of this initiative would elevate our dear nation head-and-shoulders above its peers, in the next round of mutual evaluation by GIABA,” she said.

The National Security Minister Albert Kan Dapaah on his part commended the Economic and Organised Crime Office (EOCO) for making giant strives in fighting economic-related crimes which marks an important milestone in the efforts by the state to fight economic crime.

He indicated that such measures will significantly make corruption and economic-related offences unattractive.

Mr Kan Dapaah emphasized it is important to recognise that probably the most effective strategy to tackle crime is to make it difficult or impossible for the criminals to enjoy the gains and the properties that the profits are used to acquire is therefore so essential.

“The absence of a comprehensive policy framework to govern the recovery and also the management of Assets over the years has robbed our dear country of maximising benefits from the work of the institutions such as EOCO. I believe that the launch of this policy framework and also the implementation Committee being launched will shape the path of change in our collective work to right the wrongs of corruption and return proceeds stolen by economic criminals to the state,” he added.

While assuring the support of the National Security Ministry in the implementation of the new procedures and strategies under the policy framework, Mr Albert Kan Dapaah emphasized that his Ministry’s commitment to supporting the various institutions that have come together to ensure that we can recover monies and properties that these economic criminals have been able to get from our system.

The Director of Asset Recovery and Management at the Office of the Special Prosecutor (OSP), Albert Akurugu on his part said the importance of asset recovery in the fight against corruption and corruption-related offences cannot be over-emphasized.

He noted that over the years the attention of many law enforcement agencies has been focused on investigating and prosecuting various crimes including corruption and corruption-related offences.

“Much has not been done by prevention of corruption and recovery of corrupted and other proceeds of crime not only prevent crime but will serve as a deterrent, making corruption an act of higher risk with lower returns”, “he stated.

GIZ Country Director, Regina Bauerochse Barbosa on her part said GIZ, is proud to support the law enforcement agencies in developing the Framework together with our co-financing partner, the Foreign Commonwealth and Development Office (FCDO), and other relevant institutions.

This she said was a necessary step as Ghana is losing huge amounts of money through illicit financial flows (IFF) – since 2015 reported a loss of 340 million USD annually.

“Confiscation of illegally acquired assets is crucial in the fight against organised crime, as criminal convictions without confiscation and restitution of assets will not deter criminals,” she said.

“Managing recovered assets with integrity and efficiency is crucial to build confidence in public institutions and faith in the fight against corruption and other criminal activities and to reinforce the rule of law,” she noted.

The GIZ Country Director revealed that the framework spells out measures for government and law enforcement agencies to improve efficient mechanisms to recover, manage and maintain frozen and confiscated criminal assets.

Fifteen Implementation committee members are;

1. Mr. Benjamin Tetteh Baah
Ghana Police Service
Deputy Director Economic Crime Unit

2. Mr. John Kwaku Lodonu
Ghana Police Service
Deputy Director Financial Forensics Unit

3. Dr. Kwame Obeng Nti
National Security
Head (Policy, Planning, Monitoring and Evaluation)

4. Mr. Gabriel Nikoi
National Security
Senior Analyst (Legal Department)

5. Mr. Nukunu Yaw Kugblenu
Narcotics Control Commission
Head of Asset Management Unit

6. Ms. Ivy Konadu Darko
Narcotics Control Commission

7. Mr. Samuel Appiah Darko
Office of the Special Prosecutor
Director, Strategy, Research & Communication

8. Mr. Albert Akurugu
Office of the Special Prosecutor
Director, Asset Recovery & Management

9. Mrs. Lucy Abebrese
Financial Intelligence Centre

10. Mr. Ishmael N.O. Ankrah
Financial Intelligence Centre

11. Mr. Albert Nene Paditey
Economic and Organised Crime Office