functions without fear or favor. 41 PAC’s performance is fur<strong>the</strong>r enhanced by <strong>the</strong> fact thatsince <strong>the</strong> Chair comes <strong>from</strong> <strong>the</strong> largest opposition group in parliament, <strong>the</strong>re is an addedincentive to check <strong>the</strong> workings <strong>of</strong> <strong>the</strong> Executive, especially to ensure that, if not for anyreasons, political points can be scored and to embarrass government. 42 Therefore “bypractice and convention, <strong>the</strong> committee has, since <strong>the</strong> establishment <strong>of</strong> <strong>the</strong> FourthRepublic, been chaired by <strong>the</strong> leader <strong>of</strong> <strong>the</strong> largest opposition party in Parliament,” 43 with<strong>the</strong> rest <strong>of</strong> <strong>the</strong> seats proportionally distributed among parties represented in Parliament.In a recent development, members <strong>of</strong> <strong>the</strong> Finance Committee have complainedabout <strong>the</strong> manner in which <strong>the</strong> Auditor-General seemingly takes instructions <strong>from</strong> <strong>the</strong>security agencies and ministers in <strong>the</strong> performance <strong>of</strong> his duties. Members <strong>of</strong> thiscommittee bemoaned such actions and decried that, “such development[s are]dangerous and inimical to <strong>the</strong> development <strong>of</strong> <strong>Ghana</strong>’s fledgling democracy and [tend] toerode confidence in <strong>the</strong> role <strong>of</strong> parliament as a watchdog <strong>of</strong> <strong>the</strong> Executive arm <strong>of</strong>government.” 44The Finance Committee deals with matters relating to finance and <strong>the</strong> economygenerally, but has <strong>the</strong> authority where “<strong>the</strong>re has arisen an urgent or unforeseen needfor expenditure … to authorize advances <strong>from</strong> <strong>the</strong> Contingency Fund to meet <strong>the</strong> needand report to Parliament.” Fur<strong>the</strong>rmore, when such an advance has been made <strong>the</strong>committee is bound to ensure that “supplementary estimates for replacement <strong>of</strong> <strong>the</strong>advance are prepared and laid before <strong>the</strong> House.” 454.2 <strong>Parliamentary</strong> <strong>Oversight</strong>: Theory versus practice 46This section examines to what extent <strong>the</strong>ory and practice converge in <strong>the</strong> performance<strong>of</strong> oversight functions by <strong>the</strong> three parliamentary committees with security oversightresponsibilities, <strong>the</strong> Defence and Interior Committee, <strong>the</strong> Finance Committee, and <strong>the</strong>Public Accounts Committee. There are several mechanisms and tools for both <strong>the</strong>standing and select parliamentary committees to exercise <strong>the</strong>ir oversight functions. Themain processes for oversight performance are through:• Questions to Ministers; 47• Motions; 4841See “<strong>Ghana</strong>: After <strong>the</strong> Public Accounts Committee Hearing - What Next?”http://allafrica.com/stories/200711010706.html, accessed 3 June, 2008.42 See <strong>the</strong> Standing Orders <strong>of</strong> Parliament that specifies <strong>the</strong> functions <strong>of</strong> this Committee, especially StandingOrder 165 (1) which stipulates that <strong>the</strong> committee must not consist <strong>of</strong> more than 25 members and is under aChairperson who does not belong to <strong>the</strong> party which controls <strong>the</strong> Executive branch <strong>of</strong> government. SeeBagbin, Alban, “The Role <strong>of</strong> <strong>the</strong> Public Accounts Committee <strong>of</strong> Parliament and how it can effectivelypromote and enforce an ethics <strong>of</strong> management in <strong>the</strong> public service,” GII Alert, 2, June 2004, 6.43 . Interview with <strong>the</strong> Head <strong>of</strong> <strong>the</strong> PAC, Accra, 15 May 2008. See also Nana Sylvanus Kumi, “MPS clashover Auditor’s report,” Daily Guide, 9 June 2008, 15. This concerned 12 reports emanating <strong>from</strong> <strong>the</strong> <strong>of</strong>fice <strong>of</strong><strong>the</strong> Auditor-General, and going back to 2005, had not been laid before <strong>the</strong> House for appropriate action.44 The Independent, ‘Auditor General takes orders <strong>from</strong> Ministers, National <strong>Security</strong>’, 13 July 2004, 3. Under<strong>the</strong> <strong>Ghana</strong>ian Constitution, <strong>the</strong> Auditor-General is required to submit its annual report on public accounts toparliament within six months <strong>of</strong> <strong>the</strong> end <strong>of</strong> <strong>the</strong> fiscal year. Sometimes reports are submitted years after <strong>the</strong>legally mandated deadline. The Auditor-General’s dependence on <strong>the</strong> executive for funding undermines itsindependence. For a comparative analysis <strong>of</strong> budgetary processes in Africa, see Budget Transparency andParticipation II: Nine African Case Studies, ed. Classens, Merrit & Albert van Zyl, (Cape Town: Africa BudgetProject, 2005).45 Standing Orders <strong>of</strong> Parliament, 169 – 170 (1) & (2), November 2000.46 This section draws on Aning, “A Comparative Analysis <strong>of</strong> <strong>Security</strong> <strong>Sector</strong> Governance in West Africa: The<strong>Ghana</strong> Case,” Fredrich Ebert Stiftung, <strong>Ghana</strong>, 2004.47 This gives opportunities to parliamentarians to question Ministers on <strong>the</strong>ir performance. Ministers havethree weeks to respond. See Standing Orders <strong>of</strong> Parliament, No. 66 (1), November 2000.8
• Statements; 49• Annual reports submitted on <strong>the</strong> activities <strong>of</strong> each Ministry, Department andAgency;• Quarterly expenditure returns;• Visits and follow-ups; and• Setting up <strong>of</strong> sub-committees to examine particular issues.In <strong>the</strong> case <strong>of</strong> <strong>Ghana</strong>, it has also been argued that, a broader (if unspoken) basisto empower parliament may derive <strong>from</strong> its control <strong>of</strong> <strong>the</strong> public purse, its role as awatchdog over <strong>the</strong> public interest, and its powers <strong>of</strong> investigation into public corporationsor any body paid out <strong>from</strong> public funds. 50 According to J. E. Ackah, <strong>the</strong> previous twotermchair <strong>of</strong> <strong>the</strong> Finance Committee and, until 2004, <strong>the</strong> ranking member <strong>of</strong> <strong>the</strong> Defenceand Interior Committee, oversight entails “keeping track <strong>of</strong> how appropriated funds arespent; that is monitoring <strong>the</strong> budget and whe<strong>the</strong>r <strong>the</strong> activities <strong>of</strong> <strong>the</strong> executive are beingcarried out consistent with <strong>the</strong> law.” 51 In practice, this goes beyond fiduciaryresponsibility to ensuring that policies and actions are taken in accordance with <strong>the</strong> law.In terms <strong>of</strong> <strong>the</strong> budgetary cycle, parliament plays an indirect role in implementingsubsequent budgets, which occurs through two processes: firstly, through debates,questions, and suggestions in plenary and, secondarily, through exhaustive negotiationsin standing and select committees on each ministry’s activities and on expenditureproposals. According to <strong>the</strong> Standing Orders, prior to <strong>the</strong> passing <strong>of</strong> <strong>the</strong> Appropriationand Finance Bills, members <strong>of</strong> <strong>the</strong>se committees must subject <strong>the</strong> two bills to thoroughdebate. 52The extent to which parliament’s powers “materialize in practice will depend verymuch on <strong>the</strong> actual ability and determination <strong>of</strong> Parliament to exercise <strong>the</strong>m.” 53 Thehighly complex nature and environment <strong>of</strong> <strong>the</strong> security sector frequently presents aparticularly difficult challenge for effective exercise <strong>of</strong> oversight. Some <strong>of</strong> <strong>the</strong> issuesinvolved in performing oversight functions <strong>of</strong> this sector are <strong>of</strong>ten too technical formembers who have not had earlier military experience nor have been given any specifictraining in issues dealing with security. Indeed, this is more acute as security serviceshave peculiar organizational cultures, rules, and practices and are governed by secrecylaws, all <strong>of</strong> which can potentially pose problems if an oversight committee is notconversant with <strong>the</strong>se institutional norms. The detailed operations, rules <strong>of</strong> combat,weapons procurement and use by members <strong>of</strong> this sector are beyond <strong>the</strong> pr<strong>of</strong>essionalcapacity <strong>of</strong> <strong>the</strong> average members <strong>of</strong> both <strong>the</strong> standing and select committees. Forexample, in January 2003, Parliament approved USD 55 million for <strong>the</strong> Ministry <strong>of</strong>Defence to “acquire equipment including helicopters to facilitate <strong>Ghana</strong>’s participation inUN peacekeeping operations” in <strong>the</strong> Democratic Republic <strong>of</strong> Congo. Yet, <strong>the</strong> originalestimated cost for <strong>the</strong>se helicopters, contract provisions for training personnel, andprovision <strong>of</strong> spare parts and tools was only USD 19,695,600. 5448 Motions request Parliament to debate a particular issue in which <strong>the</strong> public has expressed a particularinterest. See Standing Orders <strong>of</strong> Parliament, No. 79 (4), November 2000.49 Standing Orders <strong>of</strong> Parliament, No. 72, November 2000.50 Eboe Hutchful, 2004, op. cit, 8.51 Interview, Accra, September 2004.52 See Standing Orders <strong>of</strong> Parliament, Nos. 140 -148 and 150, November 2000.53 Eboe Hutchful, 2004, op. cit, 8.54 Ministry <strong>of</strong> Defence, Update on <strong>the</strong> supply <strong>of</strong> Helicopters – to <strong>the</strong> <strong>Ghana</strong> Armed Forces by Wellfind Ltd.(n.d.) (January, 2003), p. 1 quoted in Emmanuel Kwesi Aning, “Military Imports and SustainableDevelopment: Case Study Analysis – <strong>Ghana</strong>,” 2004, 10.9