Kissi Agyebeng
THE OFFICE of the Special Prosecutor (OSP) has called on the public to take a firm stance against corruption and corruption-related offences by filing complaints where such offences are suspected.
According to the OSP, this is the surest way to curtail corruption in the country, appealing, “The Office requires adequate support and funding and the assurance of protection for its staff to perform their functions devoid of unjustifiable recrimination.”
A report titled: “Half Yearly” issued yesterday and signed by the Special Prosecutor, Kissi Agyebeng, the OSP indicated that highly commendable strides were being undertaken to place the OSP as the foremost anti-corruption agency in Africa.
The report, according to the OSP, covers a period between August 5, 2021 and July 31, 2022.
“This unusual periodical is one-off and it is borne of the already recounted circumstances confronting my assumption of office. It offers an insight into the work of the Office,” Mr. Agyebeng explained.
“The Office shows much promise and it is poised to deliver on its mandate, notwithstanding its formidable challenge of funding and material support,” he stated.
He asserted that “the Office remains focused and innovative on its four-way mandate of investigating corruption and corruption-related offences, prosecuting suspected offenders, taking steps to prevent corruption, and recovering the proceeds of corruption and corruption-related offences.”
The Special Prosecutor said there is much force in the often-quoted observation that the law always appears to be a step behind criminal innovation.
He asserted that corrupt public officials and private persons exploit legal systems by employing diverse means to push back against law enforcement, especially through intimidation and sometimes open threats directed at anti-corruption officials.
According to Agyebeng, the Office has been designed in response to the manifest weaknesses in the anti-corruption regime with the aim of comprehensively curtailing corruption and leaving little else to chance.
“It has full police powers and it exercises national security functions, including intelligence gathering, surveillance and counter surveillance.
“It is also a vital revenue generating agency through its asset recovery and management function of the disgorgement of illicit and unexplained wealth,” he posited.
Independence
The report said its independence, by law, is assured in the proper sense, as the Special Prosecutor retains full authority and control over the investigation, initiation, prosecution and conduct of cases.
He noted that the Office’s mandate is not only in respect of public officials, and that it has the authority to investigate and prosecute private persons and politically exposed persons.
“In this context, politically exposed persons are those who have been entrusted with prominent public functions in Ghana or in a foreign country or an international organisation such as senior political party officials, government officials, judicial officials, military officials, or a person who is or has been an executive in a foreign country of a state-owned company, or a senior political party official in a foreign country, or an immediate family member or close associate of such persons,” the report explained.
81 Cases Handled
In respect of the investigation and prosecution of specific cases of suspected or alleged cases of corruption and corruption-related offences, the report said the OSP has handled a total of 81 cases.
It pointed out that the cases include the Airbus scandal, Ayariga’s procurement breaches, Adjenim Boateng Adjei’s procurement contract, Alexander Kwabena Sarfo-Kantanka’s election corruption, Atta Akyea’s financial malfeasance, Labianca Company as well as the banking and financing sector crisis.
It indicated that there were no convictions or acquittals in respect of the cases pending before the criminal courts, pointing out that the Special Prosecutor entered a nolle prosequi on October 11, 2021 in the Mahama Ayariga’s case.
“The Special Prosecutor explained to the court that upon further scrutiny of the available evidence, the Republic would be unable to prove its case beyond reasonable doubt on the allegation of abuse of public office for private gain,” the report said.
On the Airbus scandal, the OSP said Airbus investigation into alleged bribery by Airbus SE, a European multinational aerospace corporation, in respect of the sale and purchase of military aircrafts for Ghana is ongoing.
“The Office is engaged with INTERPOL and the central authorities of the United Kingdom and the United States under the mutual legal assistance regime,” the report noted.
In respect to Adjenim Boateng Adjei’s case, the OSP said on May 18, 2022, the former Chief Executive of Public Procurement Authority (PPA) was charged with eight counts of using public office for profit and nine counts of directly and indirectly influencing the procurement process to obtain an unfair advantage in the award of a procurement contract.
“His brother-in-law was also charged with one count of using public office for profit. The accused were arraigned before the High Court, Criminal Division, Accra on May 25, 2022. The trial is ongoing,” it stated.
On Alexander Kwabena Sarfo-Kantanka, it said that on May 24, 2022, the President’s nominee for the position of Chief Executive of Juaben Municipal Assembly in the Ashanti Region was charged with 26 counts of corruption in respect of a public election.
He was arraigned before the High Court, Criminal Division, Kumasi on June 1, 2022. The trial is ongoing.
BY Ernest Kofi Adu