ORAL: Legal framework on keep of execution and evidence of guilt should exchange – Domelevo – Life Pulse Daily

ORAL: Legal Framework on Keep of Execution and Evidence of Guilt Requires Reform – Insights from Domelevo

Introduction

Former Auditor-General and Operation Recover All Loot (ORAL) committee member Daniel Yao Domelevo has reignited debates about the urgent need to reform Ghana’s legal framework to address systemic inefficiencies in prosecuting corruption and financial crimes. In a recent interview on PleasureNews’ Newsfile, Domelevo highlighted critical gaps in the country’s judicial and prosecutorial processes, arguing that structural changes are essential to expedite case resolution and strengthen accountability. His remarks underscore growing frustration with prolonged trials, evidence challenges, and the need to adapt legal standards to modern realities of white-collar crime.

Analysis

1. Challenges in Timely Prosecution

Domelevo identified delays in the judicial process as a major barrier to justice. While he clarified that the issue is not the speed of investigations, he emphasized post-arrest procedural bottlenecks. “The problem lies in what happens at the court: prolonged trials, unnecessary adjournments, and an inability to enforce time-bound resolution mechanisms,” he stated. This delay, he argued, undermines public trust and allows accused parties to manipulate proceedings.

2. Burden of Proof in Corruption Cases

A central critique revolves around the difficulty of proving guilt beyond reasonable doubt in complex financial crimes. Domelevo noted that corruption schemes often involve sophisticated actors with resources to obscure evidence, making investigations painstaking. “We chase ghosts when dealing with high-level offenders who bury their assets through intricate financial webs,” he remarked, stressing the need for systemic reforms to simplify evidentiary standards without compromising fairness.

Summary

Domelevo’s analysis converges on three pillars:
– **Time-bound trials**: Preventing prolonged detention and clogged courtrooms.
– **Reformed evidentiary standards**: Addressing challenges in proving guilt for non-physical, asset-based crimes.
– **Learn from Nigeria**: Leveraging successful regulatory models to bypass delays.

Key Points

• Ghana’s legal framework fails to enforce deadlines for trial commencement, leading to stagnation in corruption cases.
• Proving guilt in financial crimes requires streamlined mechanisms to counter opacity in asset declarations.
• Nigeria’s Supreme Court mandates no stays of proceedings post-trial start, ensuring continuous momentum.
• Expanding Article 286 of Ghana’s Constitution to reverse the burden of proof for unexplained wealth could deter evasion.
• Public skepticism persists due to perceived leniency toward powerful offenders.

Practical Advice

1. **Adopt Time-Bound Trial Procedures**:
Legislators should introduce statutory deadlines for trial initiation and conclusion, modeled after Nigeria’s phased stability. This would compel prosecutors to prepare cases meticulously and judges to enforce strict timelines.

2. **Strengthen Asset Recovery Expertise**:
Train forensic accountants and digital forensics specialists to trace offshore accounts and complex financial trails, critical for proving unexplained wealth.

3. **Reform the “Reversed Burden of Proof”**:
Extend the constitutional mandate (Article 286) to require public officials to justify wealth disparities. If unexplained assets are identified, courts should presume illicit enrichment until disproven.

4. **Citizen Education on Rights**:
Launch campaigns to educate Ghanaians about legal tools like asset declarations, empowering them to hold leaders accountable.

Points of Caution

– **Avoid Overreach**: Expanding the reversed burden of proof could risk targeting innocent individuals if asset declarations are incomplete or unverified.
– **Judicial Capacity**: Accelerating trials requires adequate court staffing and technological upgrades (e.g., electronic filing) to prevent new delays.
– **Balance Fairness**: While streamlining processes, safeguards must ensure suspects’ rights are protected, including access to evidence and rebuttal opportunities.

Comparison: Ghana vs. Nigeria’s Legal Models

Domelevo highlighted Nigeria’s Administration of Criminal Justice Act (ACJA) and Economic and Financial Crimes Commission (EFCC) Act as benchmarks. Key differences include:
– **No Stay of Proceedings**: Nigerian courts proceed uninterrupted post-trial, even during appeals, reducing backlog.
– **Specialized Courts**: Nigeria’s EFCC operates dedicated financial crime tribunals, enhancing expertise and efficiency.
– **Preventive Measures**: Proactive asset freezing powers enable swift action against suspicious wealth accumulation.

Ghana’s system, in contrast, often allows cases to stall due to judicial discretion and procedural ambiguity.

Legal Implications

Reforms would require amending Ghana’s:
– **Criminal Procedure Act**: To mandate trial deadlines and limit adjournments.
– **Asset Declaration Act**: Expanding Article 286 to mandate public officials submit yearly declarations, with courts issuing warrants for seized assets if discrepancies arise.
– **Judicial Enforcement Rules**: Establishing penalties for officials who prolong cases without justification.

Failure to act risks perpetuating systemic corruption, eroding public trust, and hindering foreign investment. Conversely, adopting proven models could position Ghana as a regional leader in anti-corruption governance.

Conclusion

Domelevo’s critiques reveal a judicial system grappling with archaic procedures and evidentiary hurdles. By emulating Nigeria’s efficiency and enhancing transparency in asset accountability, Ghana could transform its approach to corruption. However, successful implementation hinges on political will, public awareness, and incremental yet strategic legislative changes.

FAQ

Why are Ghana’s corruption trials slow?

Prolonged trials stem from lack of deadlines, complex asset tracing, and judicial backlog. Legal reforms focusing on time-bound processes and specialized courts could mitigate delays.

How does the reversed burden of proof work?

Under Article 286, public officials must explain wealth exceeding declared assets. If unaccounted wealth persists, courts may presume corruption, shifting the burden to the suspect to justify their financial status.

Can Ghana learn from Nigeria’s model?

Yes, Nigeria’s ACJA and EFCC framework demonstrate how mandatory trial timelines and dedicated anti-corruption institutions reduce judicial stagnation. Ghana could replicate these mechanisms with localized adjustments.

Sources

1. Life Pulse Daily. (2025, October 25). “ORAL: Legal framework on keep of execution and evidence of guilt should exchange.”
2. Constitution of the Republic of Ghana, Article 286.
3. Nigeria’s Administration of Criminal Justice Act (ACJA) 2015.
4. Nigeria’s Economic and Financial Crimes Commission Act 2003.

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