https://www.myjoyonline.com/willfully-causing-financial-loss-to-the-state-expanding-the-frontiers/-------https://www.myjoyonline.com/willfully-causing-financial-loss-to-the-state-expanding-the-frontiers/

The results of the last election were a clear call for change. Ghanaians voted overwhelmingly for it, delivering a decisive victory to President John Dramani Mahama with an extraordinary margin of two million votes. This historic comeback not only signals a shift in political direction but also underscores the nation’s deep desire for transformation.

In response to the ex-president’s State of the Nation Address, Hon. Emmanuel Armah Kofi Buah of Ellembele aptly captured the frustrations of the electorate: economic hardship, unsustainable debt, and a collapsing currency.

These are the burdens the average Ghanaian seeks to overcome. The grim reality is this: in January 2022, the cedi traded at 5 GH₵ to 1 USD, yet by December 2024, it had plummeted to 15.5 GH₵ per dollar—an astronomical depreciation of over 300%. Despite this dire economic performance, the former president claimed to be leaving Ghana in a better state. Was this delusion, denial, or sheer audacity?

President Mahama now carries the monumental responsibility of addressing these bread-and-butter issues. However, his position as a one-term president offers him a unique advantage. Free from the pressures of re-election, he has the opportunity to take bold, necessary decisions that past leaders shied away from. With four years at his disposal, he can cement a legacy that rivals Ghana’s most iconic leaders, such as Dr. Kwame Nkrumah, and establish a governance standard future presidents will aspire to uphold.

While working to alleviate the suffering of ordinary Ghanaians, the president must not ignore the grave misdeeds of his predecessor’s administration. Accountability is essential. Those who have looted and squandered the country’s limited resources must be held to account through due process. The president must invoke the law on willfully causing financial loss to the state, which provides a critical tool for addressing these offenses.

In the landmark Quality Grain case(The Republic vrs Ibrahim Adams, et al),Justice Kwame Afreh of blessed memory, emphasized that FORESEEABILITY is key to the intention and the action of the state actor to fall foul of the law. The law applies not only when a state actor directly benefits from their actions but also when it is foreseeable that their decisions could harm the state. Any state actor who fails this test has a case to answer.

A relentless pursuit of looters, reckless state actor may stem the tide of impunity that has put the state at the mercy of ‘fortune hunters”.

In conclusion, I humbly urge President Mahama to act decisively and courageously. He must seize this moment to correct the injustices Ghanaians have endured over the past eight years and rebuild trust in governance. May he lead with wisdom and boldness, and may God bless our homeland, Ghana.

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The author, Bernard Owusu-Twumasi Esq. is a Managing Partner at Oak and Wuuds Law.

Email: bot@oakandwuudslaw.com

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DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.