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Ghana’s Legislation on Bribery and Corruption

The following is an extensive legal analysis of Ghana’s legislation regarding bribery and corruption.

Key Points

  • Prohibition of Bribery: The Criminal Offences Act (Act 29) prohibits the payment of bribes to public officers, including government officials.
  • Enhanced Punishment: The Criminal and Other Offences (Procedure) Act (Act 30) provides for enhanced punishment of up to 25 years for corruption-related offenses.
  • Corporate Liability: Companies can be held criminally liable for the acts of their employees or officers, including bribery and corruption offenses.
  • Penalty for Individuals: Individuals convicted of corruption-related offenses face a penalty of up to three years in jail, but may receive enhanced punishment of up to 25 years.
  • Penalty for Corporate Entities: Companies found guilty of corruption-related offenses can be fined and their officers may face imprisonment.

Compliance Programs

While having a compliance program designed to prevent bribery and corruption is not a defense if a company is found guilty of such offenses, it may raise questions about the connection between the company and the individual who committed the offense.

Deferred Prosecution Agreements (DPAs)

While Ghana’s legislation does not explicitly provide for DPAs, the Courts Act allows for reconciliation and amicable settlement of certain offenses. However, the use of DPAs in Ghana is still evolving and may be subject to judicial discretion.

Leniency Agreements

There is no specific provision for leniency agreements in Ghana’s legislation. However, the courts have the power to accept guilty pleas and convict individuals who offer compensation or restitution for their offenses.

Conclusion

Ghana’s legislation provides for severe penalties for corruption-related offenses, including imprisonment and fines. Companies can be held criminally liable for the acts of their employees or officers, and having a compliance program designed to prevent bribery and corruption is not a defense if a company is found guilty of such offenses.