Poor Institutional Governance: The Bane of Managing Ghana's Oil Revenue
DOI | 10.3366/ajicl.2024.0493 |
Author | |
Pages | 357-381 |
Date | 01 August 2024 |
Published date | 01 August 2024 |
Several factors account for the smooth functioning of society. Notable among them is when institutions work as a check on the powers of the executive. When institutions fail to accomplish this task, the executive can override institutions and engage in activities to serve the executive's interest. It is trite that, in some cases, the interest of the executive is different from the public. An example is the demolition of judges’ bungalows, Judicial Training Institute, Passport Head Office, Scholarship Secretariat, the Malian Ambassador's residence, Comsys Ghana Limited, Waterstone Realty Apartment Complex, and the residence of the Deputy Commissioner of the Commission on Human Rights and Administrative Justice (CHRAJ) for the construction of National Cathedral. Indeed, the United Nations Development Programme (UNDP) has identified weak institutional capacities and inefficiencies in implementing policies and reforms as a major cause of Ghana's development challenges.
Upon the discovery of crude oil, Ghana enacted the Petroleum Revenue Management Act (PRMA) in 2011 to regulate oil revenue management. The Act assigns roles to state institutions to perform specific duties to achieve the aim of the law. This article assesses the roles assigned to the institutions to ascertain whether the institutions have acted to safeguard the oil revenues as envisaged in the Act. The article argues that there are weak structures within Ghana's institutional framework due to the constitutional architecture of appointing heads of state institutions. The article recommends that Ghana build democratic institutions that exhibit transparency and accountability in managing the affairs of the State.
The failure of State institutions to serve as a check on executive authority in Ghana is a story that has been around for a while. The focus on the Fourth Republic has always seen the introduction of a new government, resulting in the appointment of new heads of state institutions. The constitutional architecture in Ghana permits a new President to appoint new heads of state institutions. Thus, heads of institutions, instead of working to secure the nation's interest, make decisions meant to please the executive. The executive prefers this arrangement since it enhances their electoral fortunes, and that has been the practice since the inception of Ghana's Fourth Republic.
Upon the discovery of crude oil, Ghana enacted the Petroleum Revenue Management Act (PRMA) to regulate the optimal use of oil revenue for the benefit of Ghanaians. The PRMA gives state institutions specific responsibilities to ensure optimal oil revenue use. This article investigates the quality of institutions with duties under the PRMA concerning managing oil revenue in Ghana.
The article has five sections. After this introduction, section II forms the theoretical framework by defining institutions. It will conceptualise the distinction between institutions and organisations and their role, discussing the types and importance of institutions and features of a robust institutional arrangement. Section III will discuss institutions set out under the PRMA and their roles. Section IV will use the key characteristics of strong institutional arrangement discussed under section II as an evaluative framework to assess the role assigned to institutions under the PRMA to ascertain whether their decisions influence the control and management of oil revenue. The section further identifies the problems associated with institutions that manage oil revenue in Ghana. Section V concludes the article and offers recommendations for improving institutional roles.
Resource-rich countries with excellent management of their resource wealth have strong institutions that prevent politicians’ ‘predatory behaviour.’
The Ministry of Finance and Economic Planning, Parliament, the Bank of Ghana, the Ghana Revenue Authority, the Auditor General, the Investment Advisory Committee, and the Public Interest Accountability Committee (PIAC) exist as public institutions under the PRMA. These institutions are assigned various roles under the PRMA, as discussed in section III below. Therefore, these institutions are necessary because it would be difficult to implement policies to achieve the goals under the PRMA. The existence of created institutions must bring order to society and reduce uncertainties.
An institution is “a set of humanly devised behavioural rules that govern and shape the interactions of human beings, in part by helping them to form expectations of what other people will do.”
Rodrik
Two types of institutions were established in resource-rich countries through settlement by Europeans. In the colonisation of Congo, Belgium created “an extractive State.” Institutions did not advocate the protection of private property. There were no checks and balances against government expropriation, which resulted in the transfer of the colony's resources to Europe.
On the one hand, if the institution exploited natural resources without adding value, such an arrangement did not assist the development of that country's state institutions but weakened them.
This article recommends that resource-rich countries examine the problem in the context of institutions charged with making and implementing policies. In developing countries, the poor governance of these resources creates the resource curse, not its existence.
In developing resource-rich countries, resource wealth could have a detrimental impact on institutional quality, making the government susceptible to rent-seeking and inability to formulate economic policies.
Resource abundance contributes to low-quality institutions in developing resource-rich countries due to the appointment or election of ‘political candidates’ into positions of responsibility.
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