Ex-officials to refund monies in lieu of prosecution?

In what could be a test in the battle against corruption, the National Democratic Congress (NDC) government of President John Atta Mills could soon be faced with a unique situation in which some officials could offer to refund some monies in lieu of prosecution. This is likely to be the first since the Fourth Republican Constitution was promulgated in 1992.

There have been credible reports that some political appointees in the former New Patriotic Party (NPP) government of President John Kufuor and public officials who, by their inactions, have caused financial loss to the State.

Take this scenario - an official, either a political appointee or public official, realises that his inaction has caused financial loss of GH¢58,000 (¢580 million) and offers to refund that amount, will the government accept the refund of the amount and not prosecute that person?

Such an offer on its own is likely to raise interesting arguments. For example, to avoid a situation of persons stealing or deliberately causing financial loss to invest and refund, there maybe suggestions that such a refund should attract a punitive interest rate of 40% for example? Another argument against persons making such offers are that if one has that money, why doesn't the person spend some years in jail, invest in high yielding instruments and come out of prison and enjoy the monies?

This argument is likely to be made because the Republic of Ghana has never gone after the assets (as ordered by the courts) after the release of, persons jailed for causing financial loss to the State. We asked President Atta Mills - "What will your government's reaction be if such an offer is made?"

The President's response - "well, let me say no such offers have been made yet."

We pushed further, "Mr. President, what if such offers are made?"

President Mills' reply: "If such offers should be made, what I can say is that we will cross the bridge if we get there."

Will one of the instruments the President and the NDC government use in crossing that bridge be a legislation on plea bargaining?