AG to Deploy Surcharge and Disallowance to Recover Misused Public Funds

The Attorney General and Minister for Justice, Dr. Dominic Ayine, has outlined government’s approach  to recover public funds lost through negligence or recklessness by public officials, using surcharge and disallowance mechanisms provided by law.

Speaking during the Government Accountability Series on Monday, 22 December, Dr. Ayine explained that officials who cause financial loss to the state will not only face criminal prosecution where applicable, but will also be subjected to civil recovery processes aimed at retrieving the lost funds. According to him, the recovery of state monies does not necessarily depend on securing a criminal conviction. “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 stated.

Dr. Ayine stated that the law provides a clear framework that allows the state to act swiftly to recover financial losses, even in situations where criminal liability may be difficult to establish beyond reasonable doubt. This, he said, ensures that the state is not left bearing the cost of irresponsible conduct by public officials.

He explained that surcharge and disallowance serve as effective deterrents against reckless public spending and abuse of office, stressing that public officers have a duty to exercise care, diligence and prudence in managing 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,” Dr. Ayine emphasised.

The Attorney General added that these measures complement criminal prosecutions and form part of broader efforts to strengthen accountability, transparency and discipline in public financial management.

His remarks come at a time when government is intensifying actions to protect taxpayers’ money and restore public confidence in state institutions. By prioritising surcharge and disallowance, Dr. Ayine said the government is sending a clear signal that public office holders will be held personally accountable for financial misconduct and poor decision-making involving public funds.