Serving the Public Interest: an Analysis of the Ghanaian Public Official’S Experience

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Serving the Public Interest: an Analysis of the Ghanaian Public Official’S Experience University of Ghana http://ugspace.ug.edu.gh UNIVERSITY OF GHANA SERVING THE PUBLIC INTEREST: AN ANALYSIS OF THE GHANAIAN PUBLIC OFFICIAL’S EXPERIENCE. BY SAMUEL BATCHISON OFEI THIS THESIS IS SUBMITTED TO THE UNIVERSITY OF GHANA, LEGON, IN PARTIAL FULFILMENT OF THE REQUIREMENT FOR THE AWARD OF PhD IN PUBLIC ADMINISTRATION DEGREE MAY, 2015 i University of Ghana http://ugspace.ug.edu.gh DECLARATION I hereby declare that this work, with the exception of quotations and references acknowledged is the result of my personal effort and a representation of my views and findings. ……………………………….. …………………………….. SAMUEL BATCHISON OFEI Date (Student) ii University of Ghana http://ugspace.ug.edu.gh CERTIFICATION I hereby certify that this thesis was supervised in accordance with the procedures laid down by the University. ……………………………….. ……………………………… PROF. KWAME AMEYAW DOMFEH Date (Supervisor I) ……………………………….. ……………………………… PROF. E. K. SAKYI Date (Supervisor II) ……………………………….. ……………………………… PROF. JOSHUA ABOR Date (Supervisor III) iii University of Ghana http://ugspace.ug.edu.gh DEDICATION This work is dedicated to my beloved and aged father for his immense prayers and support that have seen me through this study. My greatest love to him. iv University of Ghana http://ugspace.ug.edu.gh ACKNOWLEDGEMENT To begin, I hereby acknowledge that the accomplishment of this thesis is a clear testimony of God’s unflinching love and mercy unto me. I am indeed indebted to many people for their guidance and help in seeing me producing this thesis. I particularly want to acknowledge the important and profound contributions of my supervisors, Prof. Kwame A. Domfeh, Dean; Prof. Joshua Abor, Vice-Dean; and Prof. E.K Sakyi, Head of Department (Public Administration); all of the University of Ghana Business School (UGBS). I am also indebted to my colleagues who are also on other PhD. Programmes as well as colleague lecturers at the University of Professional Studies, Accra (UPSA) who kept encouraging me to finish the thesis. I will like to express my sincere thanks to Nelson E.K Simpiney, Andrews Ofosuhene and Vanessa Konadu Agyekum for their immense assistance when everything seemed impossible. Finally, I want to express my love and admiration for my beloved wife and children. v University of Ghana http://ugspace.ug.edu.gh TABLE OF CONTENT CONTENT Title page i Declaration ii Citification iii Dedication iv Acknowledgement v Table of content vi List of tables vii List of figures viii List of charts ix Abbreviation x Abstract xi CHAPTER ONE INTRODUCTION 1.0 Background to the Study 1 1.1 Problem Statement 5 1.2 Research Questions 6 1.3 Purpose of the Study 7 1.4 Specific Objectives: 7 1.5 Hypotheses 9 1.6 Significance of Study 9 1.7 Organization of Study 10 CHAPTER TWO THEORETICAL LITERATURE REVIEW 2.0 Introduction 12 2.1 The ‘Public’ 12 2.2. Typology of Public Interest 20 2.3 Private Interest 26 2.4 Overview of Public Administration Development 27 vi University of Ghana http://ugspace.ug.edu.gh 2.5 Public Value (PV) 59 2.6 The Role of the Public Official and the Old Public Administration 65 2.7 The Concept of Conflict of Interest 72 2.8 Theoretical Framework - Principal / Agent Theory 77 2.9 Defining the Inherent Components of Conflict of Interest: Interests, Conflicts, and Perceptions 81 2.10 Summary of Chapter 83 CHAPTER THREE EMPIRICAL LITERATURE REVIEW 3.0 Introduction 84 3.1 Curbing Public Official’s Unethical Behaviour - Global Perspective 85 3.2 Relation between Conflict of Interest and Corruption 95 3.3 Promoting Public Interest - The Ghanaian Experience 96 3.4 Ethics of the Ghanaian Public Officials 107 3.5 The Ghanaian Experience on Conflict of Interest and Remedial Organizations 114 3.6. Auditor- General’s Reports by Year 116 3.7 Summary of Chapter 128 CHAPTER FOUR METHODOLOGY 4.0 Introduction 130 4.1 Research Design 130 4.2 Research Approach 131 4.3 Description of Population 133 4.4 Description of Sample 134 4.5 Sampling Technique 136 4.6 Instrument of Study and Data Collection 137 4.7 Instrument Validity and Reliability 139 4.8 Data Analysis Procedure 140 vii University of Ghana http://ugspace.ug.edu.gh CHAPTER FIVE ANALYSIS AND DISCUSSION 5.0 Introduction 141 5.1 Respondents’ Demographic Data 141 5.2: Distribution of Respondents by Sex 142 CHAPTER SIX SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS 6.0 Introduction 178 6.1 Summary, Findings and Conclusions 178 6.2 Implications of Findings 183 6.3 Contribution to Knowledge 185 6.4 Recommendations 187 6.5 Limitations 191 6.6 Areas for Further Research 192 REFERENCES viii University of Ghana http://ugspace.ug.edu.gh APPENDICES APPENDIX A Case 1 I Case 2 VII Case 3 XI Case 4 XII Case 5 XIII Case 6 XV Case 7 XVII Case 8 XIX APPENDIX B XXIII APPENDIX C XXX APPENDIX D XXXI APPENDIX E XXXII APPENDIX F XXXIII ix University of Ghana http://ugspace.ug.edu.gh LIST OF TABLES PAGE Table 1.0: Categories of Corruption Perception 8 Table 3.1: Corruption Perception Index 2012-2014 88 Table 3.2: Cases for Investigation 92 Table 3.3: Number of Public Officials’ Offences Handled by Public Prosecutors 94 Table 3.4: Summary of Financial Irregularities for 2005 and 2006 117 Table 3.5: Summary of Cash Irregularities, Payroll Overpayments, Stores/Procurement and Other Irregularities Classified According To MDAs XXXIX Table 3.6: Summary of Financial Irregularities f o r 2006 And 2007 Financial Years XL Table 3.7: Summary of Financial Irregularities for 2007 and 2008 Financial Years X LI Table 3.8: Summary of Financial Irregularities for 2008 and 2009 Financial Years 120 Table 3.9: Summary of financial irregularities for 2011 121 Table 3.10: Summary of irregularities classified according to MDAs – 2011 Auditor-General’s Report 123 Table 3.11: Summary of financial irregularities for 2012 125 Table 3.12: Summary of domestic tax, cash irregularities and outstanding debts/loans classified according to MDAs 126 Table 3.13: Overall financial impact of the weakness and irregularities – 2013 128 Table 4.1: Population and Sample Size of respondents (Survey) 135 Table 4.2: Population and Sample of respondents (Interview) 136 Table 5.1: Distribution of Respondents - Extent to which Ghanaian public officials act in public interest regarding the execution of official duties 143 Table 5.2 Frequency Distribution of the Indicators of Public Interest 144 Table 5.3: Chi-Square Tests 144 Table 5.4: Rank (level) of Corruption in both Public and Private Life of Public Officials 146 Table 5.5: Anticipated Levels of Corruption 147 x University of Ghana http://ugspace.ug.edu.gh Table 5.6: Chi-Square Test of Homogeneity on Perception of Corruption between Public and Private Life of Public Officials 148 Table 5.7 Frequencies of Level of Ranks 150 Table 5.8: Chi-Square Test of Multinomial Proportions 150 Table 5.9: Knowledge on Conflict of Interest 152 Table 5.10: Respondents’ Views on Conflict of Interest – Self Dealing 153 Table 5.11: Respondents’ Views on Post-Employment 155 Table 5.12: Respondents’ Views on Influence Peddling 156 Table 5.13: Respondents’ Views on Use of Employment Property 158 Table 5.14: Respondents’ Views on Abuse of Office 159 Table 5.15 Reasons for Professional Demands on the Public Official 162 Table 5.16: Description of Ghana’s Judicial Service – Promoting and Upholding Human Rights 164 Table 5.17: Description of Ghana’s Judicial Service – Improving Access to Justice and Protection of Rights of the Vulnerable 166 Table 5.18: Description of Ghana’s Judicial Service in ensuring Public Confidence 167 Table 5.19: Description of Ghana’s Judicial Service – Improving Human and Infrastructural Capacity 168 Table 5.20: To What Extent Do Public Officials Understand the Policy on Assets Declaration of Public Officials under the 1992 Constitution of Ghana? 169 Table 5.21: Effectiveness of Accountability Measures in Your Organization or Ghana 171 Table 5.22: Suggestions to Curb Conflict of Interest in the Working Life of the Public Official 172 Table 5.23: Suggestions to Curb Corruption in the Working Life of the Public Official. 174 Table 6.1: Related Contributions to the Subject XXXIII xi University of Ghana http://ugspace.ug.edu.gh LIST OF FIGURES PAGE Figure 2.0: Public Interest versus Public Goals Framework 81 Figure 5.1: Distributions of Respondents by Age 141 Figure 5.2: Distributions of Respondents by Sex 142 Figure 5.3: Ranking Indicators of Public Official’s Ethical Behaviours (public interest) 149 Figure 5.4: Views on Challenges Faced By Public Officials 160 xii University of Ghana http://ugspace.ug.edu.gh ABBREVIATIONS ABA - American Bar Association ADA - Austrian Development Agency ADC - Austrian Development Cooperation AICPA - American Institute of Certified Public Accountants APRM - African Peer Review Mechanism AU - African Union CAGD - Controller and Accountant- General’s Department CDD - Centre for Democratic Development CEE - Central and Eastern Europe CEPS - Custom Excise and Preventive Service CHRAJ - Commission on Human Rights and Administrative Justice DCEC - Directorate on Corruption and Economic Crime EOCO - Economic Organization and Crime Office GDP - Gross Domestic Product GII - Ghana Integrity Initiative IEA - Institute for Economic Affairs INTOSAI - International Organization of Supreme Audit Institutions IP - Integrity Pact IPPD - Integrated Personnel Payroll Database IRS - Internal Revenue Service MDA - Ministries, Departments and Agencies MOFEP - Ministry of Finance and Economic Planning MP - Member of Parliament xiii University of Ghana http://ugspace.ug.edu.gh NCSL - National Conference of State Legislatures NSW - New South Wales OECD - Organization for Economic Co-Operation and Development PAC - Public Accounts Committee PCIJ - Philippine Center for Investigative Journalism PDA - Protected Disclosures Act PV - Public Value PWC - Price-Waterhouse Coopers SAI - Supreme Audit Institutions SPSS - Statistical Product and Service Solutions TI - Transparency International USA - United States of America VAT - Value Added Tax xiv University of Ghana http://ugspace.ug.edu.gh ABSTRACT This study aims at analyzing the challenges of public officials in Ghana, who through stipulated guidelines, statutes, legislation and codes of conduct are required to serve the public interest.
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