Democracy Watch Vol. 5, No. 1 March 2004 1

A Quarterly Newsletter of the Center for Democratic Development 15 Democracy Watch

Volume 5, No. 1 March 2004 IN THE ANNALS OF GOVERNANCE ISSN: 0855-417X democracy continues to rest on the Playing politics with provisions of a decree promulgated in an In this issue the enfranchisement undemocratic era is indeed embarrassing and makes a mockery of democracy itself. of the wrongfully PNDC Law 284 was necessary when it EPlaying politics with the disenfranchised was promulgated in 1992 because, at the enfranchisement of the wrongfully time, there was no Constitution and disenfranchised ...... Page 1 An attempt by the Government to Ghanaians had no legal right to vote. In secure quick passage of an order to create the legal framework for amendment to the Representation of Ghanaians to vote in the referendum and the People Law, 1992 (PNDCL 284) then general elections of that year, it was ERevisiting zero tolerance for met intense objection from a coalition necessary for the PNDC to grant eligible corruption...... Page 4 of opposition parties. The amendment Ghanaians the statutory right to vote. was for the purpose of extending the Once the Constitution came into effect, right to vote to Ghanaians resident however, PNDC Law 284 should have Continuing insensitivity to con- abroad. The NPP government had been repealed or else given way to the E constitutional provision dealing with the flicts of interest ...... Page 8 introduced the bill under a Certificate of Urgency, thus placing it on franchise, because upon the coming into Parliament’s fast-track calendar and effect of the Constitution the right to vote DCEs and power: the James process. However, loud protest from was no longer just a statutory right, but a E right derived directly from the Constitution. Dogbe Shopping Center? both the parliamentary and extra- ...... Page 8 parliamentary opposition forced the government to abandon its reliance on “The very idea that more than E Coddling dictators: celebrating a certificate of urgency and caused the one decade after the Eyadema ...... Page 9 bill to be placed instead on Constitution has been in effect, Parliament’s regular calendar. While the right to vote in our Opposition objection to the bill democracy continues to rest Incumbency and the challenge of focused immediately on the on the provisions of a decree E promulgated in an internal party democracy government’s intention to “rush it undemocratic era is indeed ...... Page 10 through Parliament,” public statements by the opposition parties indicate that embarrassing and makes a they are even more forcefully opposed mockery of democracy itself.” to the substance of the bill. Unfortunately, the Electoral Commission EDITORIAL TEAM Unfortunately, because of the has since 1993 been conducting the n Baffour Agyeman-Duah government’s choice of a legislative strategy (namely, the certificate of business of registration and voting as if the n Audrey Gadzekpo urgency) that called its motives into right of Ghanaians to vote and to be n E. Gyimah-Boadi question, the ensuing public debate did registered to vote is statute-based, rather n H. Kwasi Prempeh not focus sufficiently on the substantive than constitutionally rooted. Thus we n Edem Selormey disagreement. continue to live with the anomaly that the n Kwesi Yankah most basic and foundational right in our The very idea that more than one constitutional democracy is defined and Democracy Watch is published with funding from decade after the Constitution has been implemented by reference to a military the German Technical Cooperation, GTZ. in effect, the right to vote in our decree. But symbolism is not the only Continued on next column E Continued on page 2 E Democracy Watch Vol. 5, No. 1 March 2004 2 problem with PNDCL 284. As a matter of substance, of a certificate of urgency, when whatever “urgency” it PNDCL 284 is, in many respects, also at variance with the perceived was caused by its own inertia and inexplicable self-enforcing provision of Article 42 of the 1992 three-year delay. Constitution, the provision of the constitution to which Ghanaians owe their right to vote and to be registered to The NPP government’s handling of this matter follows a vote in the Fourth Republic. pattern of omissions and delays in dealing with certain election-related matters. The list includes the Government’s Article 42 grants the right to vote and to be registered to failure to fill in a timely fashion certain vacancies on the EC vote in the most unconditional and unequivocal terms. It as well as its failure to quickly rectify the anomaly of states: “EVERY CITIZEN of Ghana of eighteen years of commission members who had passed the retirement age age or above and of sound mind has the right to vote and is but continued to serve on the EC. To wait until an election entitled to be registered as a voter for the purposes of public year to begin to deal with these outstanding matters is to elections and referenda.” This provision of Article 42 invite the accusation, trumpeted by the opposition, that the specifies only three qualifications for a person to secure Government is trying to use its incumbency to undermine the right to vote and to be registered to vote. These are the integrity of the upcoming general elections. (1) citizenship (“every citizen”); (2) age (18 years and above); and (3) mental capacity (must be of sound mind; The NPP’s attempt to pass the amendment to PNDCL not medically insane). 284 by means of a certificate of urgency also raises questions about abuse of this fast-track legislative process. Notably, Article 42 of the Constitution does not mention This is not the first time the NPP’s attempt to pass legislation residency as one of the qualifications for the right to vote through a certificate of urgency has provoked intense or to be registered to vote. Because Article 42 grants the objection. It will be recalled that the bill to introduce a right to vote unconditionally to “every citizen” (18 and above national health insurance scheme was passed by means of and of sound mind), the practice in past elections, based a certificate of urgency. In that instance, too, there was no presumably on PNDCL 284, whereby the right to vote “urgency” other than the government’s own desire to rush and to be registered to vote has been limited to Ghanaians passage of the bill. Such misuse of the certificate of urgency resident in Ghana (and to Ghanaian diplomatic personnel creates the unhealthy impression and sets a precedent that abroad), represents an unconstitutional restriction on the numerical superiority in Parliament entitles a government Article 42 rights of Ghanaians living abroad. That practice to fast-track any legislation and thereby truncate the effectively adds unto Article 42 a new qualification, to the deliberative process at its pleasure. Recourse to a effect that a citizen must be “resident in Ghana or else be certificate of urgency should be reserved properly for on diplomatic or other official business abroad” before he emergencies brought on by unanticipated events that call or she may be entitled to vote. This additional condition or for an immediate legislative response. In such instances, qualification is, of course, not found anywhere, expressly there would be a true national urgency justifying the use or by implication, in the Constitution. And because Article of a certificate of urgency, not just a party emergency. 42 trumps the contrary provision in PNDCL 284, the latter Parliament should use this opportunity to clarify or revise cannot stand. In fact, PNDCL goes even further to require the rules governing certificates of urgency to save that that a citizen be resident in Ghana for a minimum of six legislative device from abuse. months before he or she would be eligible to be registered to vote. This, too, is patently unconstitutional, and the While it is fair to object to the NPP’s attempt to pass its Supreme Court said as much in its 1996 decision rendered proposed amendment to PNDL 284 by means of a certificate in Tehn-Addy v. Electoral Commission. of urgency in an election year, the substance of the amendment itself has much to commend in its favor. As already noted, The controversy over the proposed amendment to PNDCL PNDL 284 impermissibly deprives many Ghanaians, including 284, however, had as much to do with the means as with Ghanaians resident abroad, of their constitutional right to vote the ends. While in opposition, the NPP had promised, in and to be registered to vote. Opposition to the substance of the course of the 2000 campaign and especially during fund- the proposed amendment is therefore misplaced. raising tours abroad that, if elected, it would bring an end to the disenfranchisement of Ghanaians in the diaspora. One wonders why, after winning power, the NPP “ To wait until an election year to begin to government waited three full years to initiate legislation on deal with these outstanding matters is to this matter, knowing well that this being an election year invite the accusation, trumpeted by the any attempt to enfranchise a new class of voters (even if opposition, that the Government is trying to the measure merely restores a right unconstitutionally use its incumbency to denied) is bound to provoke partisan reaction and call into undermine the integrity of the upcoming question the government’s motives. The NPP made matters worse when it decided to proceed this last minute by means general elections”

Continued on next column E Continued on page 3E Democracy Watch Vol. 5, No. 1 March 2004 3

In an era when it is a commonplace to find growing numbers prior to the date of registration before he or she would be of a country’s nationals residing and earning a living abroad, registered as a voter. One effect of such a ridiculous rule is it is short-sighted policy to deprive such citizens of their right to make it impracticable for Ghanaians abroad who desire to to vote in national elections merely because they happen to return home to vote or register to vote to be able to do so. reside abroad. Such disenfranchisement is especially egregious when these citizens make important economic “ the right to vote is granted to citizens, contributions to the national economy through their remittances not taxpayers” and investments back home. There is no reason why the NPP government must keep in The policy rationale behind PNDCL 284’s place such an anti-democratic, indeed unconstitutional, policy. disenfranchisement of non-resident Ghanaians is indeed It is entirely legitimate for the NPP to initiate legislation to deliver difficult to fathom. One commonly heard argument is that on a campaign promise, as it did earlier in 2001 with the enfranchising Ghanaians who live abroad is tantamount to legislation to decriminalize libel. In the latter case, the original granting them “representation without taxation.” This is, statute had already been pronounced as constitutional by the of course, a bogus claim, since the right to vote is granted Supreme Court. Even so, the new NPP government’s repeal to citizens, not taxpayers. Moreover, it is a well-known of that statutory provision was widely commended as a good fact that only a small minority of Ghanaians resident at policy that served the national interest by helping to advance home pays income taxes. If indirect taxes such as custom the cause of media freedom. The proposed amendment to duties are included, then in fact Ghanaians abroad also PNDCL 284 is even wiser policy, as it will remove the disability contribute substantially to national tax revenues. At any currently imposed on large numbers of Ghanaians who happen rate, citizenship, not taxpayer status, is what Article 42 to be earning a living outside the borders of the country. At stipulates as the constitutional qualification for voting. any rate, there is no reason why all political parties cannot compete vigorously for the votes of Ghanaians in the diaspora, the same way the parties compete for votes here at home. It “The fact that a party might stand to gain is indeed bad form for the opposition parties to oppose the politically from a piece of legislation does not proposed amendment to PNDCL 284 largely on the spurious make such legislation improper” claim that the proposed change in the status quo, even if in consonance with the letter and spirit of article 42 of the Opposition accusations that the NPP government is merely Constitution, will inure to the electoral advantage of the seeking to extract partisan and electoral advantage by incumbent party. That is not sufficient grounds to oppose enfranchising Ghanaians abroad evade the real issue. The proposed legislation in a democracy. fact that a party might stand to gain politically from a piece Finally, the Electoral Commission’s own position in this whole of legislation does not make such legislation improper. In episode has been unimpressive. The EC has continued to fact, it is natural in a democracy to expect that governing enforce PNDCL 284, even when that statute’s provisions run parties would sponsor legislation from which they hope contrary to the clear and self-enforcing language of Article 42 to gain some electoral advantage as a side effect. As long of the Constitution. The EC insists that it is bound to enforce as the particular legislation is in the national interest, the PNDCL 284 because it is still good law, as if to suggest that incidental fact of electoral benefit for the sponsoring party Article 42 of the Constitution is not binding on the EC or that is beside the point. Especially in the case at hand, where the constitutional provision is inferior to PNDCL 284. If the the proposed legislation is intended to reverse a EC thinks the statute and the constitution are in conflict, why constitutionally dubious policy, the prospects of partisan disregard the Constitution’s superior commands and enforce advantage, one way or the other, are immaterial. After PNDCL 284 instead? all, what else but pure partisan advantage in favor of the NDC explains why the outgoing PNDC decreed the disenfranchisement of Ghanaians abroad on the eve of “ It is indeed bad form for the opposition parties the transition to multiparty democracy? The PNDC had to oppose the proposed amendment long harbored suspicions that influential sections of to PNDCL 284 largely on the spurious Ghanaians living abroad, including many who had gone claim that the proposed change ,even if in into exile after the AFRC and PNDC coups, were consonance with article 42 of the Constitution, vehemently opposed to its rule. Thus, disenfranchising all will inure to the electoral advantage of the Ghanaians resident abroad may very well have been incumbent party.” motivated by a partisan desire to skew the electoral playing field in favor of the PNDC’s successor party. In fact, this hypothesis gains greater credibility when one tries to divine When challenged about this matter, the EC’s typical the logic behind the additional rule in PNDC 284 that a response has been to show complainants the way to the citizen otherwise qualified to register to vote must have Supreme Court. It is true that it is only the Supreme Court been resident in Ghana for the six months immediately that can settle authoritatively any constitutional dispute. But that is not a license for public officers and institutions to act Continued on next columnE Continued on page 4 E Democracy Watch Vol. 5, No. 1 March 2004 4 in blatant disregard of the Constitution and thereby compel to obtain loan guarantees for a private company of which complainants to go to court. The country’s scarce judicial he was a director, shareholder and company secretary. resources should not be wasted on avoidable litigation. One The scandal and its handling provide the occasion, once reason why constitutional provisions like Article 42 are again, to re-examine the Kufuor administration’s self- written in plain and simple language is to avoid self-serving proclaimed policy of “zero tolerance of corruption” and interpretations and needless litigation. Moreover, nothing to assess whether, on the basis of the record so far, such stops the EC from obeying the self-executing Article 42 a policy could be said to exist in fact. and thereby compel whoever thinks PNDC Law 284 should prevail to be the one to take the matter to the courts instead. In fact, between obedience to a PNDC Law and “ ...the list of indiscretions and arguably enforcement of the self-executing Article 42, the Oath of illegal acts committed by the Deputy Office sworn by Commissioners of the EC upon assuming Minister reflects a troubling numbness or office obligates the Commission to obey and enforce Article indifference to conflicts of interest by our 42 over the conflicting statute, and thereby shift the burden public officials” of a legal challenge unto those who would think that it is the conflicting PNDC Law that must be enforced. On the positive side, the Bamba scandal is illustrative of the contribution that investigative journalism can make to The Commission’s other claim that implementation of voting the search for good governance and probity and by non-resident Ghanaians would be a logistical nightmare accountability in our public life. It also shows the is even more specious. If the proposed amendment is phenomenal progress that Ghana has made in the area of passed, it would not make Ghana the first country whose media freedom and independence, even as the government non-resident citizens vote in national elections. Many continues to lag behind in its promise to enact a creditable countries with substantial non-resident populations, such freedom of information law. Also, because such events as Mexico, already provide that opportunity to their are a rarity in Ghanaian public life, the Minister Bamba’s nationals abroad. If the EC were committed to implementing “resignation” in the wake of the Chronicle exposé is worthy the dictates of the Constitution and of the proposed of note. legislation it would have no difficulty finding appropriate models to adopt or adapt. The logistics excuse is particularly The whole affair, however, raises a number of worrisome odd, given that it is this same EC that proclaimed concerns. In the first place, the list of indiscretions and vociferously that it had the capacity, even on short notice, arguably illegal acts committed by the Deputy Minister to handle the creation and administration of elections in 30 reflects a troubling numbness or indifference to conflicts new constituencies. Yet, the EC would like us to believe of interest by our public officials. For example, the Deputy that it is incapable of developing a plan to enable Ghanaians Minister’s alleged directorship of a private company, if abroad to participate in national elections. ¦¦ true, would likely be in breach of articles 78 and 284 of the Constitution.

Revisiting zero tolerance for Minister Bamba’s case indeed highlights the kind of ethical vacuum that is created by the continuing absence of a credible corruption: Bamba, Bagbin, and code of conduct for appointees of the executive branch. CHRAJ in the crosshairs While the existence of such a code would not necessarily prevent incidents of ministerial indiscretion and malfeasance from occurring, it would at least provide general guidance and place ministers on notice as to what they may or may not Ghana’s struggle to entrench probity and accountability do. The President promised precisely such a code of conduct has made some limited progress, but has also met significant a while back. That promise has yet to be redeemed. drawbacks. A number of developments in the first quarter of 2004 highlight both the minimal progress and the evident The Bamba affair also points to weaknesses in the current stagnation in the much-heralded policy of zero tolerance asset declaration regime. A comprehensive and credible asset for corruption. declaration regime would have required the Deputy Minister to disclose the nature and extent of his interest in the private ALHAJI MOCTOR BAMBA’S WOES company. Of course, under the current asset declaration

The deputy Minister of State at the Presidency and Member of Parliament for Wenchi East, the Honorable Alhaji Moctor “ ...the Bamba scandal is illustrative of the Bamba, resigned after a string of investigative reports by contribution that investigative journalism can the Chronicle revealed that he had used his office to facilitate make to the search for good governance and visa fraud. The report also accused him of being complicit probity and accountability in our public life” in the use of forged signatures of various Ministers of State Continued on next columnE Continued on page 5 E Democracy Watch Vol. 5, No. 1 March 2004 5 statute even such a disclosure cannot be verified by the “resignation” is simply an euphemism for “fired”. That may media or civil society, as the statute denies a public right well be the common understanding in other political cultures. of access to declarations made by the affected officials. In Ghana, however, it is one thing, in the public mind, for an official to be fired and quite another for him or her to resign. The fact that Minister Bamba was a Deputy Minister at By not firing Deputy Minister Bamba, the President missed the Presidency also raises the question why his goings-on an opportunity to reaffirm his commitment to probity and escaped the notice of the President’s Office of accountability within the executive branch at a time when Accountability, an office that is supposed to raise the ethical the public is growing increasingly doubtful of that bar within the executive branch by taking both proactive commitment. and remedial action to promote integrity and ethics in the conduct of executive appointees. Not a word has been “ Indeed the Bamba affair gives cause to heard from the Office of Accountability since it was query what the real job description is of a installed. Yet the allegations against the Deputy Minister Minister or Deputy Minister “at the apparently surfaced as far back as July 2002. Some of Presidency,” especially when the President, the allegations are so brazen that an Office of pursuant to the Office of the President Act, Accountability that had its eyes wide open and its ears to has the assistance of a large number of the ground would have become aware of the unfolding staffers headed by the , as well scandal. One wonders whether the Office of Accountability is indeed up and running and, if so, what exactly it has as other special offices.” been doing. That the Bamba scandal happened within close proximity of the President and the Office of The muted in-house reaction to the Bamba scandal is typical Accountability appears to confirm the view that the of the government’s attitude toward media exposés of government lacks an effective in-house machinery and scandal or suspected corruption involving executive policy for dealing with miscreant ministers and members appointees. The government has either remained silent in of the presidential office. the face of such allegations or else shifted the burden to the press to come forth with actionable proof, instead of Indeed the Bamba affair gives cause to query what the independently investigating the allegations. Instead of real job description is of a Minister or Deputy Minister shrugging off such allegations, the government must at least “at the Presidency,” especially when the President, acknowledge that the growing perception of corruption pursuant to the Office of the President Act, has the within its ranks cannot all be the makings of a mischievously assistance of a large number of staffers headed by the fertile journalistic mind, but rather that behind the perception Chief of Staff, as well as other special offices. So far, lies a real problem that demands to be addressed. The there is no evidence that the removal of Deputy Minister government must balance its vigorous pursuit of post-regime Bamba from his job at the Presidency has created a accountability with an equal concern for “incumbent regime” vacuum or vacancy that is crying to be filled. Nor, for accountability by taking steps to get to the bottom of a matter that matter, has a replacement been named to take his especially in those instances where the telltale signs of place or is one contemplated. If so, it is doubtful whether corruption or impropriety are too obvious to miss or where there is or ever was a need for the position Deputy Minister the air is saturated with credible gossip or the pungent smell Bamba previously occupied. Had Deputy Minister of such wrongdoing. Government must back its catchy Bamba been assigned a meaningful job description and a slogan of “zero tolerance for corruption” with transparent position of significant responsibility with clear reporting and credible measures that will give comfort and confidence lines, one that kept him occupied daily on important affairs to the public that combating corruption is indeed a top priority of state, it is unlikely he would have found the time to of the NPP administration. pursue the kinds of activities that eventually brought him down in disgrace. Finally, insofar as Alhaji Bamba currently serves as a Member of Parliament, Parliament too has a responsibility Finally, the Presidency’s silence in the face of the scandal to act to censor or discipline a member whose conduct as well as the “voluntary” manner of Deputy Minister brings disrepute to the institution. Unfortunately, no such Bamba’s exit have done little to reassure a skeptical nation action has been forthcoming from the people’s assembly. of the President’s continuing commitment to a policy of zero tolerance for corruption. Because Deputy Minister BAGBIN IN THE CROSSHAIRS Bamba was appointed by the President and, moreover, served in the Presidency, it was reasonably expected, once Auditor General vs. Bagbin the scandal broke, that the President would act decisively to fire the Deputy Minister and use the opportunity to The Auditor General has asked the Minority Leader of recommit himself and his government to his zero-tolerance Parliament, Mr. Alban Bagbin, to refund to the State certain declaration. Instead, Deputy Minister Bamba was allowed allegedly “unauthorized” expenditures made on behalf of to “resign” without fanfare. Perhaps his announced Mr. Bagbin by the Ghana Ports and Harbors Authority Continued on next column E Continued on page 6 E Democracy Watch Vol. 5, No. 1 March 2004 6 (“GPHA”), a public commercial organization on whose the Auditor General and the government to prove that his board Mr. Bagbin sat during the period his party held the admitted conduct is unlawful or even unusual. So far that reins of government. The in-kind expenditures, involving challenge has not been answered. The failure of the the use of certain vehicles of GPHA for purposes unrelated government to call Mr. Bagbin’s bluff invites the suspicion that to the organization’s official business, allegedly benefited the practice or conduct in question is indeed common and Bagbin’s 1996 and 2000 parliamentary election campaigns. continuing. This is, in fact, quite likely the case, as there is no evidence of any positive change in corporate governance The Minority Leader has come back with a defiant practices in our public institutions and boardrooms since the response. He concedes that he did in fact use the said administration of the state changed hands in 2001. The failure vehicles but insists that the use was authorized as part of to take on Mr. Bagbin in this matter of using public resources the normal perks for members of the Board of the GPHA. for private benefit is also an indication that the government The Minority Leader charges that the investigation by the may well have decided to “let sleeping dogs lie,” out of a fear Auditor General is politically motivated and stems from that pressing the matter too hard might provoke the other side his filing of a complaint with CHRAJ alleging diversion of to produce examples of identical practices under the current public funds for the renovation of the President’s private administration. This perverse form of bi-partisan “peaceful residence. Mr. Bagbin also alleges that the investigations co-existence” can only come at a cost to good governance are in retaliation for his “principled” opposition to the and the national interest. appointment of Mr. Dua Agyeman as Auditor General. The dispute over Bagbin’s conduct should call attention to the serious corporate governance deficits that exist in our state “That Mr. Bagbin, who is not unfamiliar enterprises and boardrooms. Whether or not Bagbin’s conduct with how “the system” works, seems so is in violation of any existing law, there is no doubt that it is confident in his position suggests improper and a bad corporate governance practice. that the practice of which he stands accused is perhaps “standard Loosely defined, corporate governance means the internal and operating procedure” in the public services external mechanisms that define and regulate the relationship and persists even to this day” between the ownership and management of a corporate entity, so as to ensure that the equity and other resources of such Before commenting on this dispute, a quick observation entity are managed responsibly and in a sustainable manner. about the appointment of an Auditor General. The fact However, far too often, the resources of our public that we have, at last, a properly appointed Auditor General, corporations and state institutions are used by the instead of one serving indefinitely in an acting capacity and organization’s insiders and the appointed custodians of such thus at the government’s pleasure, is indeed a positive resources in ways that can hardly be called responsible, and development. Since the Constitution contemplates for purposes having little to do with the entity’s business. In independence and security of tenure for the Auditor General fact, in many state-owned enterprises (SOEs) it is often (similar to that enjoyed by judges of the superior courts), impossible to tell the difference between assets belonging to the spirit, if not the letter, of the Constitution is violated the corporation and the private assets of its bosses. The whenever the government resorts to contract or at-will corporation’s assets are routinely used free of charge for all acting appointments to fill that important position. kinds of personal purposes. Unfortunately, such has been the practice until now. It is hoped that future vacancies in the office will be filled “The dispute over Bagbin’s conduct promptly and in accordance with the spirit of the should call attention to the serious corporate Constitution. governance deficits that exist in our state enterprises and boardrooms. Whether or not Regarding Mr. Bagbin’s dispute with the Auditor General, Bagbin’s conduct is in violation of any existing it is important to note that the Minority Leader himself law, there is no doubt that it is improper and a admits that he used public resources for purposes unrelated bad corporate governance practice” to the organizational interests of the entity concerned. Despite this admission, Bagbin brushes off any implication of wrongdoing, much less of illegality. That Mr. Bagbin, The abuse becomes institutionalized and thus difficult to who is not unfamiliar with how “the system” works, seems control when the “privilege” is extended to benefit the very so confident in his position suggests that the practice of board whose members are supposed to oversee the which he stands accused is perhaps “standard operating management of the corporation and ensure the prudent, procedure” in the public services and persists even to this profitable, and sustainable use of scarce public resources. day. Hence, he sees nothing improper or exceptional in No wonder boards of directors at our various SOEs have his use of a public resource for personal political benefit. not been able to prevent or check the perennial losses, corruption, and wastage that have turned most of these To buttress his position, Mr. Bagbin has in fact challenged public investments into chronic liabilities. Continued on next columnE Continued on page 7E Democracy Watch Vol. 5, No. 1 March 2004 7 The board of directors is supposed to be the body that Leader for filing the petition and then resorting to delaying sets the tone for good corporate governance in an tactics and repeated requests for adjournment to prevent organization. In the state-owned enterprise, board the matter from proceeding on the merits. The action members are essentially proxies of the public, appointed taken by CHRAJ in dismissing this case is regrettable indeed. to oversee the lawful and judicious use of the public’s resources and the realization of the statutory mission for “The nation would have been best served which the organization has been established. When board members join hands with the organization’s management had CHRAJ gone ahead with its by turning the organization’s resources to their personal own investigation and issued a report of its use, what we have is a breakdown of the corporate findings and conclusions. ... CHRAJ could governance system. Board members should be reasonably have used this case to define and clarify the compensated for their service on the board. They should rule against conflict of interests and set not, however, be given perks that align their private interests forth prophylactic guidelines on such too closely—and corruptly—with the self-interest of the problem areas as acceptance of gifts corporate managers they are supposed to oversee. Such by public officers” collusion of interests undercuts the independence and effectiveness of the board. The issue here is not whether the grounds adduced by CHRAJ for dismissing the petition are legally tenable or sufficient. What There is indeed an urgent need for major reform of the is important is that CHRAJ had the option, once it asserted system and practices of corporate governance in our public proper jurisdiction over the matter, to carry out its own organizations. This call has been made ad nauseam to no independent investigation of the allegations. In fact, in a matter effect. Not even the colossal losses and corporate such as this, where the allegation is directed at the President governance failures uncovered at SOEs like SSNIT, by a leader of the opposition, an independent investigation by GNPC, and Ghana Airways seem to have given the CHRAJ, without the drama of a full-fledged public adversarial government cause to review and reassess the current hearing, may well be the better way to proceed, as that prevents dysfunctional corporate governance regime at our SOEs either party from using CHRAJ’s processes for needless and corporate boardrooms, and to put forth meaningful politics. By not taking this path and insisting instead on following and far-reaching reforms. The Auditor General may strictly a judicial model in this case, CHRAJ essentially continue to unearth improper practices, waste, and wrongful abdicated the important role it is expected to play in our national expenditures at our state institutions and in our integrity system. By ending the case on what many would see boardrooms. But unless Government acts decisively to as a legal technicality, CHRAJ squandered some of its push credible corporate governance reform, positive credibility and opened itself needlessly to charges that it was change will continue to elude us in this area. afraid to investigate matters having to do with the President. Of course the very fact that CHRAJ asserted jurisdiction over Bagbin vs. CHRAJ the Minority Leader’s petition in the first place belies any such accusation of cowardice. Yet, the perception is inescapable. In October 2001, the Minority Leader, acting in the name The nation would have been best served had CHRAJ gone of the opposition party in Parliament and on his own behalf, ahead with its own investigation and issued a report of its petitioned the Commission on Human Rights and findings and conclusions. In fact, CHRAJ could have used Administrative Justice (CHRAJ) to investigate certain this case to define and clarify the rule against conflict of interests matters arising out of renovation works carried out at and set forth prophylactic guidelines on such problem areas President Kufuor’s private residence. The complaint as acceptance of gifts by public officers. named as respondents the President, the Attorney General, the Minister for Works and Housing, and the Chief of Staff. As it stands, none of the parties or players in this matter has The gravamen of Mr. Bagbin’s petition was that renovation been helped by the turn of events. CHRAJ certainly lost out, works at the President’s private residence had been carried because it has created an unfortunate perception of bias or out with public funds and resources and that this amounted cowardice on its part. The President and the other named to an illegal abuse of office. The petition further alleged respondents also lost out, because they were denied the that, the decision to accept an offer by a private donor to opportunity to answer the allegations and have the matter pay for the cost of the renovation in the wake of public resolved conclusively. The biggest loser in all this, however, controversy over the funding of the renovation was also has been the nation. By refusing to proceed suo moto, CHRAJ improper and in violation of the rule against potential conflict missed an opportunity to deepen constitutionalism and good of interests contained in article 284 of the Constitution. governance in the Fourth Republic as well as shore up its own institutional independence and constitutional role as an anti- CHRAJ assumed jurisdiction over the petition. After a corruption agency. But all is not lost - the Commission still protracted series of adjournments, CHRAJ finally set a retains the legal wherewithal to determine the case on its merit, hearing date in the first quarter of 2004, only to dismiss and it is our hope that it has the institutional will to do so in the the case “for lack of prosecution,” rebuking the Minority interests of the nation at large.¦¦ Continued on next column E Democracy Watch Vol. 5, No. 1 March 2004 8 and any district assembly that allows a DCE sole DCEs and power: the James Dogbe supervisory power is unwittingly or intentionally abdicating Shopping Center? its authority. The DCE is rightly castigated for his poor decision, but the District Assembly should also be blamed for dereliction of duty. One reads with amused disbelief the story that the Hohoe DCE had the effrontery to name a public edifice after This case may be viewed as evidence of a liberal or overly- himself: the “James Dogbe Shopping Center.” liberal character in the Kufuor presidency which allows a midlevel functionary such as a DCE to feel safe enough in Upon reflection, however, the naming of the shopping his position to have the gall to do what he did. Ironically, center is anything but funny. It is gratifying that the reaction the story might also epitomize the very essence of good of the District Assembly was swift, albeit not severe enough, governance – power checking power. The District and the offending inscription ordered to be removed. It Assembly called DCE Dogbe to order, albeit shows that on a certain level, local government is belatedly.¦¦ progressing. Nonetheless there is still a long way to go. In other democracies, the DCE’s actions would also have been the epitaph on his political career. Continuing insensitivity to conflicts of interest - the case of the Volta “The incident highlights the re-emergence Region NADMO chief of the specter of the power-hungry “bush doctor” DCE, administering the district as The SFO is investigating the NPP Volta regional if it were a personal fiefdom” chairman for actions undertaken in his role as the NADMO regional coordinator. While the alleged malfeasance Inscribing your name on an edifice implies ownership, and relates to irregularity in the payment of the salaries of certain when the property in question belongs to the state, an NADMO staff, the issue for Democracy Watch is rather argument could be made that the action amounts to the fact of his holding two conflicting positions. misappropriation of state property. The action of the DCE points to a disconnection between the party executive and When a partisan position (NPP regional chairman) and a its midlevel leadership. It appears DCEs have carved out public or quasi-public one (NADMO Regional little kingdoms for themselves that enable them govern or Coordinator) reside in the same entity or person, it misgovern, without supervision by the central authority. obfuscates the sharp divide that exists between the two discrete interests inherent in the different offices. NADMO Indeed, the James Dogbe incident highlights the re- is the re-incarnation of the PNDC era’s National emergence of the specter of the power-hungry “bush Mobilization program, which was effectively an organ of doctor” DCE, administering the district as if it were a the PNDC. The NDC changed it to NADMO, but it still personal fiefdom. This monster has bedeviled our politics remained colored by its party affiliations, for which the right from the days of independence when certain DCEs NDC was castigated. The NPP does not seem to have (one recalls the notorious DC Kwame Kwakye) were departed from this unhealthy practice. infamous not only for their political gaffes, but also for questionable activities. It appears the office of DCE is a It is more disquieting to observe that this conflict is actually breeding ground for petty tyrants. Recently, Parliament a microcosm of the apparent inability of the NPP party indicted another DCE for inappropriately awarding a apparatus to separate purely party interests from national contract for the renovation of his official residence. Other ones despite claims to the contrary. Sadly, whereas the actions by various DCEs have elicited public outcry, NPP began well and was able to separate party functions resulting in “redeployment” of some. from state ones, it seems to be regressing. It is becoming disquietingly common these days to see various party The James Dogbe case also highlights an underlying functionaries at state events (and not necessarily because systemic fault in the Hohoe District Assembly, which could they have state portfolios), draped in party colors, and well epitomize a national problem. Why did it take until being paraded to meet foreign dignitaries. If one turned the unveiling ceremony for the act of naming the public off the sound bites, one could be forgiven for thinking the edifice after the DCE to come to the attention of the District events were political rallies. Assembly? Such lapses force us to question the structures in place for supervising the implementation of public works “It is more disquieting to observe that this conflict is and projects. If indeed, as we are being asked to believe, actually a microcosm of the apparent inability of the the Assembly only became aware of the DCE’s actions at NPP party apparatus to separate purely party interests the inauguration, it underscores serious internal system from national ones despite claims to the contrary” failures. Public works need supervision from start to finish, Continued on next columnE Continued on page 9E Democracy Watch Vol. 5, No. 1 March 2004 9

This is wrong. Failure to appreciate the difference between Good neighborliness does require that we celebrate with the State and the Party is a basic misunderstanding of the our friends across the border in their times of joy and democratic process. Mixing the two in a nascent commiserate with them in their sorrows. And so, on democracy such as ours sends a wrong message to the Independence Day, Republic Day and other such opposition parties: that the ruling party alone represents celebrations, it is right to send relatively high-ranking officials the nation. This becomes fodder for ill will and has the if the head of state cannot make the trip himself. Being potential to stymie attempts at reaching consensus on issues there with our neighbors shows that we share in the critical to the nation. A whole section of politicians feel sentiments they are celebrating. marginalized. Further down the command structure, at the level of an organization such as NADMO, the deleterious “... for a government that would like to be seen as effects of mixing national and party business leads to negative net results. It also confuses the electorate and setting the tone and standards for the progress of adds to the culture of winner takes all. democracy and good governance on the West African littoral, sending such a high-powered delegation to the celebration of Eyadema’s coup Specifically, a Pavlovian conditioning surreptitiously takes sends worrying and conflicting signals” place: people associate the party with the benefits accruing from NADMO. What they see is the NPP regional chairman providing relief during a disaster. The beneficiaries “National Liberation” day, however, is the celebration of of state largesse attribute it not to the nation, but to the the violent coup d’état that overthrew President Nicholas party. Being seen as an NPP person is then perceived as a Grunitzky and unleashed on the continent its current longest necessary condition for receipt of relief when disaster serving head of state, General Eyadema. For a country strikes. Consequently, critics of such behavior rightly see with a past such as ours, and for a government that would it as the party commandeering the state apparatus to illicitly like to be seen as setting the tone and standards for the garner goodwill. progress of democracy and good governance on the West African littoral, sending such a high-powered delegation “the deleterious effects of mixing national to the celebration of Eyadema’s coup sends worrying and and party business leads to conflicting signals. negative net results. It also confuses the electorate and adds to the The pomp and pageantry of the Ghanaian entourage sends culture of winner takes all” a message that sharply conflicts with the stated philosophies of the NPP government. It affirms Eyadema’s coup d’état Whereas the President and ministers cannot be, and indeed and contradicts the NPP’s arguments that June 4th and should not be disassociated from their party affiliations, 31st December should not be celebrated in Ghana because the Party is NOT the State. Public office holders in the of their undemocratic and violent foundations. execution of their public duty should only have one goal in mind – serving the nation. Further down the chain of Laying out the red carpet for a coup-maker is not only a command, midlevel and lower party functionaries such as slap in the face of Ghanaians, but also an insult to the regional chairpersons or coordinators should not hold public democracy-seeking people of Togo. With so many of our office concurrently. neighbors caught in internecine strife, openly cozying up to a person violently opposed to democracy undermines Finally, when the function or activity at hand is a state one, and even squanders the general goodwill we have been the only colors that should be on display are the red, gold, building among our neighbors. green and black of our national flag!¦¦ “Laying out the red carpet for a Coddling dictators: celebrating coup-maker is not only a slap in Eyadema the face of Ghanaians, but also an insult to the democracy-seeking people of Togo” When Togo recently celebrated “National Liberation” day, Ghana sent a high-powered delegation that included the Minister for Defense, the Deputy Minister of Foreign An argument might be made that with the Chairmanship of Affairs and the Chief of Defense Staff. The group was ECOWAS comes the duty to be represented at state augmented by a large military contingent, together with a functions of all member countries. Still, that is well achieved resplendent Ghana Armed Forces Band. This played into by sending a minister to team up with the Ambassador in the carefully orchestrated circus of Africa’s longest serving Togo to present a carefully worded message on behalf of strongman, General Gnassingbe Eyadema. the President. Good neighborliness does not mean careless abandonment of the moral high ground in favor of personal Continued on next column E friendships. ¦¦ Democracy Watch Vol. 5, No. 1 March 2004 10 democratic principle governing the selection of party Incumbency and the challenge of candidates is that such candidates should be chosen by internal party democracy each party through open and competitive voting by rank- and-file party members at the constituency level. It is widely believed that one of the reasons why the NDC lost its parliamentary majority in the last elections was that it failed Many, perhaps even most, Ghanaians regard our to adhere to this basic democratic principle, as political parties as “private clubs” whose “internal affairs” parliamentary candidates were imposed on a number of may be left to a few executives at the national or local constituencies by party bosses at the national level. Now level or to the party constitution to decide free from the ruling NPP appears to be caught in the same bind in external constraint or limitation. This view, though which rival predecessor once placed itself. widespread, is incorrect. The Constitution of the Fourth Republic certainly does not regard political parties as In spite of denials from the Party itself, stories persist in the private entities. Political parties in Ghana have important media of attempts by the NPP national leadership to foist public and constitutional roles to play, as vehicles for candidates, especially incumbent MPs, on certain effectuating the “representation of the people.” It is for constituencies. Various local primaries have been this reason that the Constitution devotes several provisions postponed and litigation has been threatened or even in the chapter on “The Representation of the People” to initiated in a few cases, thus fuelling suspicions of top-down the structure and organization of political parties. manipulation of the process of selecting parliamentary Specifically, Article 55 of the Constitution prescribes candidates. The official line remains that no candidate will certain basic standards and requirements to which all be forced on any constituency, and that all candidacies political parties must adhere. Notably, subsection 5 of remain open for contestation even where an incumbent NPP Article 55 states that “the internal organization of a MP holds the seat. Be that as it may, whether the party is political party shall conform to democratic principles and unofficially trying to return incumbents, or this is simply its actions and purposes shall not contravene or be mischief-making by certain self-interested individuals or inconsistent with this Constitution or any other law.” groups within the party, the mere perception that such imposition is taking place does not bode well for a party The logic of Article 55(5) is simple: because political that has often sought to distinguish itself from its rivals by parties constitute the basic building blocks of our proclaiming superior fidelity to democratic principles. democracy and the avenues through which our national political leadership is recruited, it is vital for the consolidation of our democracy that the parties themselves “When the comfort of incumbency causes nurture, develop, and adhere to democratic standards, a political party to forget or retreat from its practices and habits. In short, Article 55(5) of the founding democratic principles, it risks Constitution regards our political parties as “the home” creating an embittered or of our democracy; so, like charity, democracy must begin demoralized electorate...” at home. At the very least, the ongoing brouhaha within the NPP Unfortunately, Article 55 does not appear to have had and some constituency chapters of the party over much of an impact or influence on the way political parties parliamentary candidacies suggests disaffection among in the Fourth Republic, particularly incumbents, conduct sections of the party rank-and-file over the integrity of the their internal affairs. In fact, were one to subject the selection process. That the NPP should follow along this constitutions and practices of each one of our political path, after similar tendencies within the then ruling NDC parties to scrutiny, chances are that one would find several exacted a heavy toll on that party’s electoral fortunes in provisions of the various party constitutions and several 2000, is illustrative of how especially vulnerable an operational practices of these parties that bear no incumbent party is to the “iron law of oligarchy”—the idea resemblance to basic “democratic principles.” that political parties, even those that mouth democratic rhetoric, tend towards oligarchy. This oligarchic tendency “Article 55(5) of the Constitution regards is further aggravated by entrenched patronage and our political parties as “the home” of our incumbency, which ensures that the ruling elites within the democracy; so, like charity, democracy party remain secure and irremovable in their positions. must begin at home” In 2000 the NDC prominently displayed this oligarchic tendency to its detriment. It was highlighted, for instance, Incumbent political parties have had an especially difficult by Rawlings’ unilateral anointing of John Evans Atta Mills time trying to square their internal practices with as the party’s flag bearer, even before other potential democratic principles when it comes to the thorny issue candidates had had the opportunity to express or announce of selecting parliamentary candidates. The basic their interest. There were also a number of disputed local Continued on next column E Continued on page 11E Democracy Watch Vol. 5, No. 1 March 2004 11 primaries. These democratic deficits in the candidate This drift of the party from its founding democratic principles selection process led to defections, both at the local and into oligarchy is most clearly highlighted by the decision of the national party level, and is said to have demoralized a the party delegates not to give ordinary members of the number of the party faithful on Election Day. In fact, as is party the right to decide who will contest the elections from widely known, the formation of the National Reform Party their constituencies. It is not surprising that the delegates by a breakaway faction of the NDC was precipitated by would take such an anti-democratic step; after all, they are the way the party’s presidential flag bearer appeared to themselves un-elected people, thus when they constitute have been foisted on the party by Rawlings’ fiat. The rise themselves into a de facto electoral college, giving power of the Reform Party is cited as a contributory factor in the back to the rank and file hardly seems the natural thing for NDC’s defeat in the last elections. them to do.

Yet another recent action of the NPP that departs from the “Being democratic, ...is not something basic democratic principle of equal access is the decision that is optional or simply of the national executive to require payment of 11 million convenient for political parties in the Fourth cedis before one would be eligible to contest the candidacy Republic. Rather, the requirement that of a constituency currently held by an NPP incumbent, parties adhere to “democratic principles” whereas the “fee” to contest a constituency where there is is a constitutional imperative no NPP incumbent has been set at a substantially lower that is binding on all political parties by the amount. By imposing such a high price tag on the right of terms of Article 55.” a party member to contest the local primary against an incumbent NPP MP, the party has signaled its preference for “incumbent protection” over free and open competition. The measure also effectively prices large numbers of Since 2001, the challenge has fallen on the NPP to maintain otherwise interested party members out of the market for its much-vaunted claim to being the Democratic Party. This fresh parliamentary candidates, leaving only those with claim can only be credible if the party’s internal practices, independent means or deep-pocketed sponsors to mount constitution and conduct can withstand closer democratic a contest. This stiff entry barrier shields incumbent NPP scrutiny. Segments of the public, candidates, party officials MPs from having to contest re-election as party candidates and voters alike, perceive being elected as the ruling party’s on the basis of their record in office, thereby denying the parliamentary candidate (what with incumbency and all) party constituents at the local level an important avenue for as tantamount to getting elected to Parliament. Near- holding incumbent MPs accountable for their performance sighted though this is, the view has increased interest in in office. running for political office on the NPP ticket and concomitantly focused attention on the Party’s selection When the comfort of incumbency causes a political party system. to forget or retreat from its founding democratic principles, it risks creating an embittered or demoralized electorate As the current structure stands, before one actually can that, in the long run, could cost it dearly at the polls. It get a place on the party’s ticket, one has to be vetted by a does indeed appear that the NPP too is succumbing to the committee and subsequently chosen by constituency incumbency influenza that was the bane of its rivals. The delegates. Given that the delegates are not themselves sooner it returned to its original principles, the better it would accountable to the local electorate, but rather are selected be for its long-term fortunes as a political party. from above, the top hierarchy of the party effectively selects a number of people who then select who gets to run on the Being democratic, however, is not something that is optional party’s ticket. Under such an arrangement, the opportunity or simply convenient for political parties in the Fourth and temptation for top-down imposition of candidates on Republic. Rather, the requirement that parties adhere to the local electorate are wide open. “democratic principles” is a constitutional imperative that is binding on all political parties by the terms of Article 55. There is nothing wrong, of course, with “vetting” candidates So far, political parties in the Fourth Republic appear to to ensure they are actually party members, have paid their have read that provision out of the Constitution, preferring dues and so on. But after this essentially procedural to do things their own way, as if they were private clubs qualification has been satisfied, the most democratic thing operating, by and large, without external constitutional to do to lend legitimacy to the selection process is to leave restraint. As Ghana strives to consolidate the democratic it to the party rank and file to determine who they would achievements of the first decade of the Fourth Republic, it like to represent them as the party’s nominee. There are behoves our political parties, especially ruling parties, to signs that the NPP may be retreating from this basic heed the commands and spirit of Article 55 and practise democratic precept and even from the spirit, if not the letter, true internal democracy, as that is how they too can of its own constitution. contribute meaningfully to the nurturing and growth of a democratic culture in our society and national life.¦¦ Continued on next columnE Democracy Watch Vol. 5, No. 1 March 2004 12 workshop on “Democratic Policing in West CDD-GHANA DEMOCRACY PROGRAMS FOR THE 3rd AND 4th Africa” for one hundred (100) Police QUARTER OF 2004 Officers drawn from Ghana, Nigeria, Sierra Leone and the Gambia. The workshop was the last in the series of activities under February-March the Ford Foundation sponsored project on democratic policing in Ghana and West The Center, in collaboration with the Africa. The workshop discussed the Overseas Development Institute (ODI), findings of the Center’s recent study on a began a study on “Drivers of Change”, an comparative analysis of policing in the sub- exercise to adopt a more historically- region and recommended strategies for informed, less technocratic approach to improving policing as well as entrenching aid policy, focusing on the way change issues of democratizing policing in the happens, and how economic, social and sub-region. The resource persons were: political factors interact over the long term. Dr. Kwesi Aning, Senior Fellow, African The study included a series of meetings Security Dialogue Research, Chief Supt. involving CDD and ODI consultants and Daniel Avorga, and Mrs. Gifty Botwe, select members of civil society and the DCOP, all from the Ghana Police Service. private sector. The project was Nana Owusu Nsiah, the Inspector General commissioned by the DfID. of Police, gave the keynote address. Hon.

Thomas Broni, Deputy Minister for the ○○○○○○○○○○○○○○○○○○○○○○○○

○○○○○○○○ Interior, delivered the opening address. The workshop was chaired by Hon. Mrs. February 6-9 Emma Mitchell, Member of the .

In collaboration with the Ministry for

○○○○○○○○○○○○○○○○○○○○○○○○ Parliamentary Affairs, the Center ○○○○○○○○ organized a two-day workshop for the parliamentary leadership, chairmen and March ranking members of committees of Parliament, committee clerks and senior The Center began a project on political officials from the Ministry of Finance to party financing in Ghana. The project, review the 2004 Budget. A total of eighty- which is a pilot project on African Political two (82) people participated. The Party Finance Initiate, is being conducted resource persons were: Dr. Augustine F. in three other African Countries (Kenya, Gockel, Prof. Cletus Dordunoo, Mr. Vitus Senegal and South Africa). It seeks to Azeem, Mr. William Ahadzie, Dr. Nii Moi raise and expand the profile of political Thompson and Dr. Sulley Gariba. The party financing through an enhanced civil workshop was sponsored by the USAID. society and non-state actor participation

and advocacy. The project has two main ○○○○○○○○○○○○○○○○○○○○○○○○ ○○○○○○○○ components, research and civil society advocacy. The National Democratic February 27-29 Institute (NDI), a Washington based organization, is financing the project.

The Center collaborated with the Police ○○○○○○○○○

Administration to organize a sub-regional ○○○○○○○○○○○○○○○○○○○○○○○ Continued on next columnE Continued on page 13E Democracy Watch Vol. 5, No. 1 March 2004 13 March 19 CDD-GHANA UPCOMING As part of the continuous public education ELECTION 2004 PROGRAMS and sensitization on the national reconciliation exercise, the CDD/Civil Pre-election Monitoring: With partial Society Coalition on National funding from OSIWA and FNF, the Center will train and deploy civil society observers in Reconciliation collaborated with a group all the regions to monitor and report on the of students from the School of Performing conduct of the political parties and their Arts, to use theater candidates, electoral administration as well development to educate market women as instances of “abuse of incumbency” by on the ongoing national reconciliation the ruling party from June to December 2004. exercise. The exercise took place at Makola market for traders in and around Election Day Observation: With partial the 31st December Makola market. The funding from FNF, CDD will revive the resource persons included Rev. Dr. Coalition of Domestic Election Observers Ayetey Nyampong, Counsellor at the NRC. (CODEO) formed in 2000, train and deploy

observers on election-day. ○○○○○○○○○○○○○○○○○○○○○○○○ ○○○○○○○○ Presidential Debate: This is another CDD- FNF project. The Center in collaboration with March 22 the Ghana Journalists’ Association and other partners to provide a platform for a The Center collaborated with the Ghana Presidential debate. Office of the World Bank to organize the fifth edition of the Development Dialogue Parliamentary Candidates’ Forums: This Series at GIMPA, . The dialogue project is also being partially funded by was on the theme: “Decentralizing the OSIWA. The project is aimed at creating a Ghana Poverty Reduction Strategy: platform for Parliamentary candidates to Deepening the Involvement of Poor engage the electorate in a structured format People in Problem Definition and for effective communication and to improve Solution”. The Guest of Honor was the the policy content of their campaign. The President of the World Bank Group, Mr. forums will be held in twenty specially selected James Wolfensen. Other speakers constituencies. ¦¦ included Mr. Kofi Gbedemah, Ms. Augusta

Sena Gabianu, Dr. Audrey Gadzekpo, ○○○○○○○○○○○○○○○○○○○○○○○○ Hon. Osafo Marfo, Minister of Finance and ○○○○○○○○ Hon. Kwadwo Adjei-Darko, Minister of Local Government and Rural “A disciplined Development. Dr. Sulley Gariba, Director society is one in of the Institute of Policy Alternatives, chaired and moderated the session. Dr. which the rule Baffour Agyeman-Duah, Associate of law is not a mere Executive Director of CDD gave the welcome remarks. ¦¦ slogan”

E. Gyimah-Boadi Democracy Watch Vol. 5, No. 1 March 2004 14

The Ghana Center for Democratic Development (CDD-Ghana) 14 Airport West Residential Area P.O. Box 404, Legon Accra-GHANA

Phone: 233-21 776142/ 763029/ 784293 - 4 Fax: 233 21 763028 The Ghana Center for Democratic Development, CDD-Ghana is e-mail: [email protected] an independent, nonpartisan and nonprofit organization based in Website:www.cddghana.org Accra, Ghana. It is dedicated to the promotion of democracy, good governance and the development of a liberal economic environment in Ghana in particular and in Africa in general. In so CDD-Ghana Publications doing, CDD-Ghana seeks to foster the ideals of society and government based on the rule of law and integrity in public administration.

n Briefing Paper Vol. 1 Nos 1- 4 n Briefing Paper Vol. 2 Nos 1- 4 n Briefing Paper Vol. 3 Nos 1- 4 n Briefing Paper Vol. 4 Nos 1- 4 n Briefing Paper Vol. 5 Nos 1- 4 n Critical Perspectives Nos 1- 16 n Research Papers Nos.1- 12 n Conference Proceedings Democracy Watch Vol. 5, No. 1 March 2004 15 Democracy Watch Vol. 5, No. 1 March 2004 16