The Office of Special Prosecutor (OSP) has published its half-year report ending December 2022, naming a total of 120 cases it was currently investigating related to corruption.
The half-year report is in pursuant to section 3(3) of the Special Prosecutor Act, 2017 (Act 959), which mandates the Office to publish, on a half-yearly basis, cases it was investigating or prosecuting.
The other named high-profile cases include an investigation into the banking and financial sector crisis, and allegations of attempted bribery of Members of Parliament by an unnamed wealthy businessman.
Other cases under investigation are the alleged improper acquisition of state-protected land at the Achimota Forest enclave and the Sakumono Ramsar site by the deceased former Chief Executive of theForestry Commission, Kwadwo Owusu Afriyie and an investigation in respect of suspected corruption and
corruption–related offences in respect of the recruitment exercise of Course 51 of Cadet Officers Training at the Ghana Police Academy.
The Office is also investigating one hundred and twenty (120) other cases at various levels of consideration. These would be publicised if the Special Prosecutor determines that they are within the mandate of the Office and that they should be moved past the preliminary investigation stage.
“This is a policy intended to protect the privacy of individuals and the business operations of institutionsand companies, and to avoid unnecessary stigmatization,” the report by the Special Prosecutor stated.
In pursuance of section 3(3) of the Office of the Special Prosecutor Act, 2017 (Act
959), I present to you the second half yearly report under my tenure as Special
Prosecutor. This report offers an insight into the corruption cases investigated and
prosecuted by the Office of the Special Prosecutor (OSP) and the highlights of activities
undertaken by the Office between 1 August 2022 and 31 December 2022.
Notwithstanding continuous debilitating financial and material constraints and the non issuance of its establishment budget, the OSP has performed its fourfold functions of
investigating, prosecuting, asset recovering and preventing corruption and corruption related offences commendably. The impact of the operations of the OSP resonates in
all provinces of life.
We are conscious of the practical consideration that we cannot snuff out corruption.
There is force in that reckoning. However, as we apply well-structured systems,
technology and intelligence led operations, we are rendering corruption a highly risky
enterprise for the criminally-minded. As we firm up the drive against corruption and
our message is registered strongly in the minds of people that sooner or later they will
be arrested, prosecuted and their assets seized and confiscated to the state, the incidence
of corruption will surely decline.
This will restore confidence, promote the rule of law, and assure fairness and justice.
We have a wonderful opportunity here to change the discourse on the fight against
corruption and to get things effectively and efficiently working. I invite all sectors of
the economy and individuals to support the OSP in its vision of rendering corruption
The report by the Special Prosecutor, Kissi Agyebeng, also stated that the Office has concluded an investigation into allegations of the use of public office for profit against Charles Bissue, during his tenure as Secretary to the erstwhile Inter–Ministerial Committee on Illegal Mining (IMCIM), arising from an investigative documentary titled Galamsey Fraud Part I, published by Tiger Eye P.I. and the investigative journalist, Anas Aremeyaw Anas.
The Special Prosecutor also revealed that it has concluded investigations into suspected corruption and corruption–related offences in respect of a contract awarded by the Northern Development Authority to A&QS Consortium Limited for consultancy services under the Infrastructure for Poverty Eradication Programme (IPEP), especially in respect of the quantum of the contract sum.
OFFICE OF THE SPECIAL PROSECUTOR
Half Yearly Report – December 2022
I Introduction
1.1 The Office of the Special Prosecutor (OSP) is the gold standard and flagship
specialised independent anti-corruption institution in Ghana. It was created in
2017 under an Act of Parliament – Office of the Special Prosecutor Act, 2017
(Act 959) in pursuance of the objects of the United Nations Convention against
Corruption. Two legislative instruments have also been enacted to augment the
operation of Act 959. The first is the Office of the Special Prosecutor
Regulations, 2018 (L.I. 2373), which regulates the management of human capital
and discipline. The second is the Office of the Special Prosecutor (Operations)
Regulations, 2018 (L.I. 2374).
1.2 The Office has the object of investigating and prosecuting specific cases of
alleged or suspected corruption and corruption-related offences, recovering the
proceeds of corruption and corruption-related offences, and taking steps to
prevent corruption.
1.3 The Office has full police powers, and it exercises national security functions,
including intelligence gathering, surveillance and countersurveillance. It is also a
vital revenue generating agency through its asset recovery and management
function of the disgorgement of illicit and unexplained wealth. 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.
1.4 The OSP’s mandate is not only in respect of public officials. 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.
II Developments
2.1 In exercise of the corruption prevention powers of the OSP, the Special
Prosecutor directed the Commissioner of the Customs Division of Ghana
Revenue Authority on 19 August 2022 to halt and discontinue all auction sales
OFFICE OF THE SPECIAL PROSECUTOR
Half Yearly Report – December 2022
in aid of facilitating investigation into suspected corruption and corruptionrelated offences in respect of auction sales of vehicles and other goods by the
Customs Division between. The directive was reviewed and rolled back on 12
September 2022.
2.2 Following the directives issued by the Special Prosecutor to Ghana Revenue
Authority in respect of customs advance rulings and benchmark values and
auction sales of vehicles and other goods, the Authority launched an e-auction
application – a novel electronic medium for the auction of seized items at the
ports. This object is to assure greater transparency. Since the directive was issued,
revenue accruing from auction sales by the Authority has risen over 12% per
month on the average.
2.3 Further, the Office notes, with gratification, that following its various
investigations and interventions at the Customs Division, the Government has
reversed the discretionary discount on the free on board or freight on board
(FOB) value of goods and the home delivery value (HDV) of used vehicles. The
new policy effectively shuts all avenues for officers of the Customs Division to
grant discretionary markdowns and removes opportunity for corruption and
corruption-related activities. The OSP will monitor the implementation of the
new policy.
2.4 The Office was admitted as a member of the International Association of AntiCorruption Authorities (IAACA) in December 2022. The IAACA is
an independent and non-political anti-corruption organisation comprising
institutions responsible for investigating, prosecuting and preventing corruption
around the world. Over 150 countries and regions have participated as members
or engaged in various IAACA initiatives since its establishment. It promotes the
effective implementation of the United Nations Convention against Corruption
and it assists anti-corruption authorities in the prevention of and fight against
corruption.
III Cases
3.1 In respect of the investigation and prosecution of specific cases of suspected or
alleged cases of corruption and corruption-related offences, the Office first
engages in intelligence gathering or “pre-investigation” to determine whether it
should open investigation into a matter. The Special Prosecutor directs the
opening of a preliminary enquiry or investigation where he determines that the
matter is within the mandate of the Office. Where sufficient information is
gathered, the Special Prosecutor directs the initiation of a full investigation.
OFFICE OF THE SPECIAL PROSECUTOR
Half Yearly Report – December 2022
Special Prosecutor or an authorised officer directs the institution of criminal
proceedings where it is determined that the Office has probative evidence to
meet the standard of proof beyond reasonable doubt.
3.2 The Office takes especial care to protect the privacy and safe-guard the
reputations of persons it investigates. To this end, the Office seeks to avoid
unnecessary stigmatisation by conducting its operations with as little intrusion
into the privacy of individuals and the business operations of companies as the
circumstances permit.
3.3 The following are the various cases handled by the Office during the period
under reference:
A Prosecutions
There has not been any convictions or acquittals in respect of the cases
pending before the criminal courts during the period under review. Two
(2) criminal cases are being tried before the courts.
CR/0492/2022 The Republic v. Adjenim Boateng Adjei & Another
The trial of the former Chief Executive of Public Procurement Authority
and his brother-in-law is pending before the Criminal Division of the
High Court, Accra. Mr. Adjei has been charged with eight (8) counts of
using public office for profit and nine (9) counts of directly and indirectly
influencing the procurement process to obtain an unfair advantage in the
award of public contracts. While his brother-in-law has been charged with
one (1) count of using public office for profit.
D13/01/22 Alexander Kwabena Sarfo-Kantanka
The trial of the President’s nominee for the position of Chief Executive
of Juaben Municipal Assembly in the Ashanti Region is pending before
the Criminal Division of the High Court, Kumasi. Mr. Sarfo-Kantanka
has been charged with twenty-six (26) counts of corruption in respect of
a public election.
OFFICE OF THE SPECIAL PROSECUTOR
Half Yearly Report – December 2022
B Concluded Investigations
Charles Bissue
The Office has concluded investigation into allegations of the use of
public office for profit against Charles Bissue, during his tenure as
Secretary to the erstwhile Inter-Ministerial Committee on Illegal Mining
(IMCIM), arising from an investigative documentary titled Galamsey Fraud
Part I published by Tiger Eye P.I. and the investigative journalist, Anas
Aremeyaw Anas.
The Special Prosecutor or an authorised officer will issue directives and
further action on the matter in due course.
Northern Development Authority
The Office has concluded investigation into suspected corruption and
corruption-related offences in respect of a contract awarded by the
Northern Development Authority to A&QS Consortium Limited for
consultancy services under the Infrastructure for Poverty Eradication
Programme (IPEP), especially in respect of the quantum of the contract
sum.
The Special Prosecutor or an authorised officer will issue directives and
further action on the matter in due course.
C Ongoing Investigations
Charles Adu Boahen
Upon a referral by the President of the Republic by a letter dated 14
November 2022, the Office commenced investigation into suspected
corruption and corruption-related offences in respect of Charles Adu
Boahen, a former Minister of State at the Ministry of Finance.
The corruption allegations are contained in an investigative documentary
titled, Galamsey Economy – published by Tiger Eye P.I. and the investigative
journalist, Anas Aremeyaw Anas.
OFFICE OF THE SPECIAL PROSECUTOR
Half Yearly Report – December 2022
Allegations of Attempt to Bribe Members of Parliament by Wealthy
Businessman
The Office has commenced investigation into allegations of an attempt
by an unnamed and wealthy businessman to bribe some members of the
majority caucus of Parliament.
The Office has triggered a liaison with the office of the Speaker of
Parliament in this regard.
Electricity Company of Ghana Limited
The Office has commenced investigation into suspected corruption and
corruption-related offences in respect of the termination of a
Distribution, Loss Reduction and Associated Network Improvement
Project contract between the Electricity Company of Ghana Limited and
Beijing Xiao Cheng Technology (BXC).
Gaming Commission of Ghana
The Office has commenced investigation into suspected corruption and
corruption-related offences in respect of the procurement of and the
award of a contract to Turfsport Ghana Limited by the Gaming
Commission of Ghana.
Illegal Mining
The Office has commenced investigation into suspected corruption and
corruption-related offences in respect of illegal small-scale mining. The
investigation targets some officials of the Ministry of Lands and Natural
Resources and the Forestry Commission. It also targets the activities and
expenditure of the dissolved Inter-Ministerial Committee on Illegal
Mining (IMCIM), especially in respect of the seizure and management of
excavators, machinery, road vehicles, and gold nuggets.
The investigation further targets the activities of Akonta Mining Limited
and other companies; nationals of foreign countries allegedly involved in
illegal mining; and allegations of corruption and corruption-related
offences against some Municipal and District Chief Executives.
OFFICE OF THE SPECIAL PROSECUTOR
Half Yearly Report – December 2022
National Sports Authority
The Office has commenced investigation into suspected corruption and
corruption-related offences in respect of contracts awarded by the
National Sports Authority for the provision of goods and services to the
following entities:
• Acoma Green Consult
• Tabee Gh. Limited
• Wanschie Car Rentals
• Obiri Car Rentals
• No Farmer No Fortune
• STC Clinic
• Bobina Solutions
• Mum & Sons Signature
Ghana Water Company Limited
The Office has commenced investigation into suspected corruption and
corruption-related offences in respect of contracts awarded by Ghana
Water Company Limited for the provision of goods and services to the
following entities:
• Nayak 96 Enterprise
• Dencom Construction Works
• Edmus Limited
• Jomaks
• Espab Construction Limited
• Roger More Construction Limited
• Velech Enterprise
• Intermec Gh. Limited
• A.J.I. Trading & Construction Limited
OFFICE OF THE SPECIAL PROSECUTOR
Half Yearly Report – December 2022
Customs Division of Ghana Revenue Authority
Following the publication by the Office of an investigation report on 3
August 2022 in respect of a complaint against Labianca Company Limited
and the Customs Division of Ghana Revenue Authority, the Special
Prosecutor directed the commencement of a wider investigation into the
issuance of customs advance rulings and markdowns of benchmark
values.
The OSP has also commenced investigation into suspected corruption
and corruption-related offences in respect of the auction sales of vehicles
and other goods by the Customs Division between 1 July 2016 and 15
August 2022.
Airbus SE
Investigation is ongoing in respect of alleged bribery by Airbus SE, a
European multinational aerospace corporation, in respect of the sale and
purchase of military aircrafts for the Republic. The Office is engaged with
INTERPOL and the central authorities of the United Kingdom and the
United States under the mutual legal assistance regime.
Bank of Ghana
Investigation is ongoing in respect of the banking and financial sector
crisis that precipitated the collapse of some banks and financial
institutions and the financial sector clean up and recapitalisation reforms.
The investigation targets alleged corruption and corruption-related
offences perpetrated by some officials of the Bank of Ghana, banks,
specialised deposit-taking institutions, and financial holding companies.
Ghana Police Service
Investigation is ongoing in respect of suspected corruption and
corruption-related offences in respect of the recruitment exercise of
Course 51 of Cadet Officers Training at the Ghana Police Academy.
OFFICE OF THE SPECIAL PROSECUTOR
Half Yearly Report – December 2022
The investigation targets specific cases of alleged corruption and
corruption-related offences and acts of the use of office for profit, abuse
of office, abuse of power, favouritism, nepotism, victimisation and the
selection of unqualified persons.
Estate of Kwadwo Owusu-Afriyie alias Sir John
Investigation is ongoing in respect of alleged improper acquisition of state
protected land at the Achimota Forest enclave and the Sakumono Ramsar
site by the deceased former Chief Executive of the Forestry Commission.
Following the refusal by the High Court, Accra to affirm the freezing
order issued by the Special Prosecutor, the Office appealed to the Court
of Appeal, Civil Division, Accra for a reversal of the decision of the High
Court to facilitate the investigation and the final resolution of the matter.
Other Cases
The Office is also investigating one hundred and twenty (120) other cases
at various levels of consideration. These would be publicised if the Special
Prosecutor determines that they are within the mandate of the Office and
that they should be moved past the preliminary investigation stage.
This is a policy intended to protect the privacy of individuals and the
business operations of institutions and companies, and to avoid
unnecessary stigmatisation.
IV Miscellaneous Activities
4.1 The Special Prosecutor attended a high-level leadership and management meeting
for Heads of Anti-Corruption Agencies in Commonwealth Africa in Mauritius in
the first week of November 2022. The event was an initiative of the Independent
Commission Against Corruption (ICAC) of Mauritius in collaboration with the
Commonwealth Secretariat.
4.2 The Special Prosecutor presented a paper on Ghana’s experiences in the fight
against corruption on International Anti-Corruption Day, 9 December 2022, in
Abidjan, Côte d’Ivoire at the invitation of the Ministry of Good Governance and
Anti-Corruption of that country.
OFFICE OF THE SPECIAL PROSECUTOR
Half Yearly Report – December 2022
4.3 On 14 December 2022, the Special Prosecutor delivered a paper on the topic – The
Role of the Office of the Special Prosecutor in Fighting Corruption: Issues and Prospects for
Sanitising the Natural Resource Sector – at a two-day conference on the use of a
beneficial ownership regime to fight corruption in the extractive industry organised
by Ghana Integrity Initiative (GII) and Extractive Industries Transparency Initiative
(EITI) and held in Accra.
4.4 On 15 December 2022, the Special Prosecutor delivered the 2022 Ghana Institution
of Engineering Ethics Lecture on the topic – Quality Infrastruture and Engineering
Services – The Egineer, Politician and Ethical Behaviour.
V Collaboration
5.1 The Office collaborated with the Economic and Organised Crime Office,
Narcotic Control Commission, Financial Intelligence Centre, Ghana Police
Service, and Ghana Revenue Authority to develop and launch an Asset Recovery
and Management Policy Framework and Standard Operating Procedure in Asset
Recovery with the support of Deutsche Gesellschaft für Internationale
Zusammenarbeit (GIZ). The OSP is a member of the Implementation
Committee.
5.2 The Office has commenced discussions on collaborative work with the Special
Investigating Unit of South Africa and Nigeria’s Presidential Advisory
Committee against Corruption.
5.3 The Office is in a continuous active collaboration with anti-corruption civil
society, non- governmental and community-based organisations in the fight
against corruption. Our strategic partners are Ghana Integrity Initiative (GII)
and the Afrobarometer Directorate of the Center for Democratic Development
(CDD) – two institutions that have matchless reputations in the field.
5.4 The Office is employing the services and expertise of investigative journalists to
assist with investigations.
5.5 The Office continuous to have insightful interactions and meetings with foreign
and diplomatic missions and international organisations. These include the
missions of the United States, United Kingdom, European Union and the United
Nations Office on Drugs and Crime (UNODC).
OFFICE OF THE SPECIAL PROSECUTOR
Half Yearly Report – December 2022
VI Conclusion
6.1 As technological advancement ushers in marvels hitherto unknown, perpetrators
of corruption and corruption-related offences device sophisticated ways adapted
to avoid detection. It is this clear and ever-present danger that dictates full
funding for the Office for investment in technology, equipment, and personnel
to avoid the situation of law enforcement always being a step or several steps
behind malefactors.
6.2 The Office is resolute in its vision of rendering corruption and corruption related activities an ultra-costly adventure in Ghana through the deterrence of a
culture of illegal and unfair gain