Ghana Minority Questions Legal Basis for Ex-Ambassador's Refund Demand

The Minority caucus in Ghana has challenged the authority of Foreign Affairs Minister Samuel Okudzeto Ablakwa to demand a refund from former Ghanaian Ambassador to the United States, Hajia Alima Mahama, over findings contained in a special audit of Ghana’s embassy in Washington, D.C.

This challenge comes after the Auditor-General conducted a special audit into the operations of the Ghana Embassy in Washington, covering January 2017 to June 2025. The report followed investigations into alleged financial and operational irregularities at the mission. The Foreign Affairs Minister subsequently wrote to Hajia Alima Mahama demanding a refund of monies allegedly arising from the audit.

The Minority's position is that the power to disallow and surcharge public officers following an audit rests solely with the Auditor-General, as established by Article 187(7) of the national Constitution. This provision guarantees the independence of the Office of the Auditor-General and vests the power to impose a surcharge in the Auditor-General alone.

The Minority's challenge raises questions about the legal basis for the Minister's decision to demand that the former ambassador personally refund monies allegedly linked to the audit. The Minority caucus is questioning whether the Minister has the authority to make such demands, or if this power lies solely with the Auditor-General.

Practitioners should note that this development highlights the importance of understanding the constitutional framework governing public finance and accountability in Ghana. Attorneys advising clients on matters related to public finance and audit should be aware of the specific provisions of Article 187(7) and how they impact the roles and responsibilities of various government officials.

The outcome of this matter is not yet reported, but it is likely that the courts will have to intervene to resolve the dispute between the Minority caucus and the Foreign Affairs Minister. The case may ultimately turn on the interpretation of Article 187(7) and whether the Minister's actions are consistent with the constitutional framework governing public finance and accountability in Ghana.