AG: Gov’t will use surcharge and disallowance to recover mismanaged public funds

Attorney General and Minister for Justice, Dr Dominic Ayine

The Attorney General and Minister for Justice, Dr Dominic Ayine, has explained how the government can recover public funds lost due to negligence or recklessness, emphasising that criminal prosecution is not a prerequisite.

Speaking to the press during the Government Accountability Series on Monday, 22 December, Dr Ayine stated:

“I don’t need to prove your guilt in a criminal matter to be able to succeed in its disallowance and surcharge because that one is proved on the balance of probability.”

He noted that the law provides a framework allowing the state to act swiftly to recover financial losses, even where criminal liability cannot be established.

Dr. Ayine further stressed the importance of accountability in public service, highlighting that officials have a duty to exercise care and diligence in handling state resources.

“So if you in any way recklessly and negligently cause financial loss to the state, the surcharge and disallowance will be the mechanism that will be used to recover all the monies that has been lost to the state,” he said.

The Attorney General’s remarks come amid ongoing government efforts to strengthen accountability and ensure transparency in public fund management.

By emphasising the use of surcharge and disallowance, Dr Ayine underlined the government’s commitment to protecting taxpayers’ money and deterring financial misconduct in public institutions.

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