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ORAL Concept Not New; The Only New Thing Is The Noise About Its Illegality – Kweku Asare
Lawyer and Democracy and Development Fellow in Public Law and Justice at CDD-Ghana, Professor Stephen Kwaku Asare, has weighed in on the Operation Recover All Loots (ORAL) initiative, describing it as a recurring feature of Ghanaian governance.
In an interview on JoyNews’ The Law on Sunday, Prof. Asare argued that the concept of investigating outgoing administrations is not new and has been a common practice under successive governments.
However, he acknowledged that the current debates about ORAL’s legality and constitutionality are a novel development.
“So President Mahama’s ORAL is nothing new, the noise about its illegality and unconstitutionality that noise is new. But the concept itself of investigating an outgoing gov’t is nothing new and it will continue,” he said on Sunday, January 19.
His comments follow critics questioning whether the initiative operates within the confines of the law or risks being used as a political tool.
Prof. Asare explained that ORAL, as currently constituted, does not wield the power to arrest or detain individuals and has yet to summon anyone for investigation. He emphasized that ORAL’s operations remain lawful as long as it does not assume police or prosecutorial powers.
“ORAL would only be unlawful if the team starts to assume police or prosecutorial powers,” Prof. Asare clarified.
According to Prof. Asare, every new government in Ghana tends to launch accountability initiatives to investigate allegations of corruption and mismanagement by their predecessors. He cited historical examples, such as General Sarfo Marfo’s post-government investigations, which even enlisted the help of foreign agencies.
“Any time we elect a new government, there is some form of ORAL. That happens because, in this country, accountability is very scarce. Governments in power tend not to hold their own members accountable, leading to public complaints and pressure,” he said.
Credit: Emma Ankrah
