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Former Auditor-General Daniel Domelevo Calls for Legal Shift in Tackling Unexplained Wealth in Ghana
Dec 4, 2024
Daniel Yaw Domelevo, Ghana’s former Auditor-General, has called for a significant change in the country’s legal approach to tackling unexplained wealth, advocating for a reversal of the burden of proof.
In a keynote address at a public forum hosted by the Media Foundation for West Africa, Domelevo emphasized that individuals should be required to justify their assets beyond a reasonable doubt, rather than placing the onus on prosecutors to prove illicit wealth.
Domelevo argued that this shift could be a powerful tool in curbing public-sector corruption, particularly by addressing unexplained wealth in the country. “We need assets and liability declarations, but we also need a law on lifestyle audits. Lifestyle audits would go a long way—if you cannot explain your wealth, then the law should require you to prove how you obtained it,” he stated.
The former Auditor-General highlighted the challenges of prosecuting unexplained wealth, noting that unlike other crimes, such as murder, where evidence can be gathered from witnesses or confessions, proving the origins of unexplained wealth is far more difficult. “For crimes like murder, witnesses can testify or the perpetrator may confess. But for unexplained wealth, we need to reverse the burden of proof,” he said.
Domelevo referred to Section 1(3) of the Anti-Money Laundering Act, which he believes could serve as a model for this approach. The section stipulates that if a person’s assets cannot be reasonably attributed to their income sources, they could be presumed guilty of money laundering. He emphasized that the same principle should apply to unexplained wealth, shifting the burden of proof onto individuals to justify their assets.
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