AG to re-enact criminal proceeds recovery Act

The Ministry of Justice says it is preparing fresh legislation to strengthen Ghana’s ability to confiscate assets linked to criminal activity, arguing that current provisions do not give prosecutors enough reach to recover illicit gains.

The Attorney General and Minister of Justice, Dominic Ayine, said the proposed Criminal Proceeds Recovery Bill is intended to close what the ministry describes as a major legal gap in the existing framework.

Speaking during a visit by the Vice President on Thursday, 5 February, Dr Ayine said the new bill would allow his office to pursue both criminal confiscation and civil recovery of assets suspected to be connected to crime.

He said the ministry’s concern is that the present regime under Act 30 does not adequately empower the Attorney General’s office to seize and recover property tied to criminal enterprises, which he believes weakens the overall impact of prosecutions.

Dr Ayine explained that a civil recovery route would also make it easier to reclaim assets where the state can show a link to criminal activity using a lower standard of proof.

Under civil recovery, he said, cases are determined on the balance of probabilities, rather than the higher criminal standard, and this would enable the state to apply to court to confiscate tainted assets and channel the proceeds into public resources.

The ministry says the planned bill is designed to ensure criminal networks do not profit from unlawful activity and to improve the state’s capacity to recover proceeds of crime.