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ORAL will fail under Ghana’s current laws

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Daniel Yao Domelevo is a former Auditor-General

A former member of the Operation Recover All Loot (ORAL) Committee, Daniel Yao Domelevo, has warned that the anti-corruption initiative will fail unless the country urgently reforms its legal and institutional frameworks.

Speaking on Channel One on January 10, 2026, Domelevo explained that Ghana’s current requirement for prosecutors to prove financial crimes beyond a reasonable doubt makes convictions extremely difficult.

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“My major concern about the oral is that it is not going to be successful if we keep or maintain the same legal framework and institutional arrangements for fighting corruption and corruption-related issues.

“What am I talking about?… to establish guilt against someone for financial crimes, it must be proven by prosecution, beyond reasonable doubt. And financial crimes or corruption and corruption-related issues are not issues that are very easy to establish beyond reasonable doubt, because the perpetrators of this type of crime are very intelligent and sophisticated persons,” he explained.

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The former Auditor-General noted that suspects frequently undermine the legal system, manipulating evidence to evade justice and compromising the integrity of the process.

“And after receiving the proceeds of crime, they are also able to manipulate evidence, even including influencing the investigators and the prosecution, and at times even the judges. So it is not going to be easy,” he stated.

Domelevo proposed legislative reforms that would lower the burden of proof for corruption and related financial crimes, moving away from the strict requirement to prove allegations beyond a reasonable doubt.

He argued that a reverse burden of proof through lifestyle audits or unexplained wealth laws would significantly deter corruption.

“One, if we had changed the legal framework, such that for corruption and corruption-related cases of financial crimes, one does not need to prove beyond reasonable doubt. Once it can be established that Daniel is in possession of resources or assets that do not match his known sources of income, then the onus should shift to Daniel to prove to us how he or she got it, if he’s a lady,” he stated.

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He added, “If we do that a reverse burden or lifestyle audit or unexplained wealth, I am sure that alone can deter people who intend even stealing. And of course, those who have stolen, we can easily get them to refund the money to us and maybe punish them or whatever it is.”

Domelevo also criticised the slow pace of corruption trials, warning that prolonged cases undermine accountability.

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He cautioned that without strict timelines, these cases risk collapsing due to shifts in the political landscape.

“Another issue I’ve raised over and over is the time it takes to try these cases. You will notice that cases go to court and they stay in court for years. We should legislate quickly to say that on these types of crimes, it can take you six months or one year, so that we know that there will be finality to the hearing. Otherwise, we are going to continue with it until one day there is a change in government and then the case drops off or they file a nolle prosequi,” he noted.

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MAG/EB

Source:
www.ghanaweb.com

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