The effect of the lockdown on criminal and regulatory investigations, enforcement and prosecution (Norton Rose Fulbright)
The current crisis has disrupted investigations, enforcement and prosecutions around the world.
In this article, I summarise the effect of the crisis on the UK SFO and financial regulators as well as the impact on investigations in the US and Asia.
Future-Proofing Your Approach To Compliance: A Primer For Ethics And Compliance Officers (Mondaq)
The COVID-19 epidemic has created a "new normal" in the way that businesses are run. Leaders now have to balance managing the effects of varying degrees of lockdowns on their physical offices and factories, engaging with teams digitally, and adapting their operations to the new remote-working model.
In this article, I explain what ethics and compliance officers should consider when engaging with the company's key stakeholders during this period.
Conducting investigations remotely: Five key points to navigate the new normal (Norton Rose Fulbright)
Many investigations across the globe are currently being conducted remotely, with in-house investigators/lawyers, external counsel and other providers, and even government prosecutors, working from their homes. In this article, I explore the key considerations for lawyers adapting to this new normal.
We set out below five key points to help those navigating investigations remotely, covering: (i) data preservation and collection; (ii) data review; (iii) interviews; (iv) reports; and (v) calls and other practicalities. We also explain some of the advantages of conducting investigations remotely, including potential time and cost savings.
Read more here.
Airbus’ $4 billion settlement – Key takeaways for business in the Middle East (Regulation Tomorrow)
What are the implications of Airbus' $4 billion global settlement for your business? In this article, Orlando Vidal and I explore the key takeaways for businesses in the Middle East.
Airbus’ record US$4 billion (AED 14.6 billion / 15 billion Saudi Riyal) global settlement with the US Department of Justice (DOJ), France’s parquet national financier (PNF), and the UK’s Serious Fraud Office (SFO) for bribery and related offences has dominated the headlines over the past week. The investigation into Airbus uncovered bribery and attempted bribery in several countries including the United Arab Emirates, Saudi Arabia, Turkey, Kuwait, India, and Russia. Documents filed by the PNF, DOJ and SFO reveal a number of developments in compliance enforcement of which businesses operating in the Middle East should be mindful.
Read more here.
Let’s make Ghana’s leaders explain their unexplained wealth. Here’s how (African Arguments)
Last year saw the first successful use of Unexplained Wealth Orders by the U.K's National Crime Authority. Ghana's Office of the Special Prosecutor plans to introduce similar laws in Ghana this year. In this article for African Arguments, I explore how Unexplained Wealth Orders can accelerate Ghana's fight against corruption
Despite being perceived to be one of Africa’s less corrupt nations, Ghana faces an uphill battle in the fight against graft. The country loses about $3 billion to corruption each year, while both its main political parties – the ruling New Patriotic Party (NPP) and opposition National Democratic Congress (NDC) – have been implicated in major scandals while in office. The country has long struggled to deal with high-level corruption.
A new measure proposed by Special Prosecutor Martin Amidu this January, however, could change the playing field. He called on Ghana to adopt Unexplained Wealth Orders (UWOs), a measure that would place the burden of proof on individuals to explain the sources of their wealth. Those who cannot do so satisfactorily would face prosecution.
Read more here.
How to stop electoral corruption — What Kenya’s NASA can learn from Ghana’s NPP (London School of Economics)
In this article, I highlight some key lessons Kenya's main opposition alliance NASA can learn from the successful electoral strategy of Ghana's ruling NPP.
You can read the full article written for the London School of Economics Africa Centre here and find an excerpt below.
Some analysts have recently drawn parallels between Kenya’s upcoming elections and Ghana’s 2016 contest. Both Raila Odinga and Nana Akufo-Addo are scions of political dynasties, veteran civil rights campaigners and — until the latter’s recent election — opposition leaders. Moreover, the two politicians share a history of electoral controversies: Odinga and Akufo-Addo have taken electoral disputes to the Supreme Courts of their respective countries. While both lost their electoral petitions, Ghana’s New Patriotic Party (NPP) managed to triumph above its opponent during Ghana’s most recent presidential election by translating the lessons from Akufo-Addo’s 2012 Supreme Court loss into a successful campaign strategy. The NPP succeeded by protecting the integrity of votes at each level of the electoral system, from polling stations to constituency collation centres to the National Collation Centre. If Odinga and the National Super Alliance (NASA) hope to borrow from the NPP’s blueprint, they must first understand the key reasons for the Ghanaian party’s success at the polls.
How to Unmask Corruption in Ghana (New York Times)
I recently wrote an op-ed for the New York Times on how to unmask corruption in Ghana. Poor transparency creates opportunities to misappropriate public funds and hijack fair and open bidding processes. Improving enforcement of campaign finance rules is a first step towards progress.
Ghana’s Constitution states that political parties must declare the sources of their financing “to the public.” If they don’t, they could be banned from politics. Only one group has meaningfully supported this statute since the beginning of Ghana’s transition to democracy in 1992.
On Friday, May 25, I, along with the CitizenGhana Movement and the Right to Information Coalition, will file a lawsuit this week to compel the Electoral Commission to release the assets, annual audits and revenue sources of all of Ghana’s political parties, in accordance with the Constitution.
Comments on Akufo-Addo's 'elephantine' cabinet (RFI)
President Nana Akufo-Addo's new cabinet, composed of 110 members, certainly sets a record. With nearly 25% more ministers than the cabinet of his predecessor, John Mahama, the new government can only be described as "elephantine" (coincidentally, the symbol of his party, the New Patriotic Party or NPP).
I recently commented on the cabinet's size for Radio France Internationale (RFI), the French public radio service, in my capacity as a spokesman for Odekro, a leading civic organization that promotes transparency and accountability in Ghanaian government.
Pictured: Flagstaff House, Accra | Seat of Ghanaian government
Launch of Odekro's Report on Ghana's 6th Parliament
As Odekro's Research Lead and Content Manager, I spearheaded Odekro's independent assessment of the Sixth Parliament of the Fourth Republic of Ghana with the aim to fill the information gap with the necessary data to hold Parliament and MPs accountable.
One of the key findings of the report: 73 MPs were absent without permission, actions that are in clear violation of Article 97 (1) of the Constitution. You can read the full report here, and take a look at this Graphic article about our press conference.
More background:
The Report on the Sixth Parliament on the Fourth Republic of Ghana” is an open data project, limited to what is made available by Parliament in the Hansards. It offers citizens, civil society, media, industry and academia an authoritative baseline to assess the performance of Parliament and MPs. We also believe Parliamentarians in the Seventh Parliament will be able to draw lessons from the findings presented therein, and see how they can improve their citizen conferred mandate.
Round-table discussion on national elections and democracy (Ashesi University)
Thanks to the faculty of Ashesi University, particularly Dr. Kajsa Adu, who invited me to participate in a round-table discussion on national elections and democracy today in the lead up to national elections on 7 December.
With the theme Democratic Gains from the Election Season 2016, the event included a number of organisations involved in political sensitization in Ghana, including Odekro. You can learn more about it here.
Credit: Ashesi University
A few comments from the event:
“I think it’s critical that students are involved in the political process,” said Lolan Ekow Sagoe Moses of Odekro, an organization that uses technology to help continuants hold their respective parliamentarians accountable. “In a lot of countries, including Ghana, large-scale change can only happen when students are involved. We need to remember that students have played a key role before in this country, and students should continue to play a key role. They should engage on issues in building institutions, engage politically without necessarily being partisan and be exposed to people who are actively involved in trying to make change. That’s the way to build an engaged citizenry that would go out and besides running their businesses, also realize that they a duty and responsibility and most importantly the power to engage on a day-to-day basis with the government.”