A source from the Office of the Special Prosecutor has revealed what led to the arrest of Chief Executive Officer of the National Entrepreneurship and Innovation Programme (NEIP), Kofi Ofosu Nkansah.
According to the source, his arrest is in relation to the alleged use of funds meant for his office to support his campaign.
He is currently under investigation by the Office of the Special Prosecutor.
This development comes as part of ongoing efforts to scrutinize allegations of financial irregularities and other related matters.
The Special Prosecutor’s Office has not disclosed specific details about the nature of the investigation or the allegations against Mr. Nkansah. However, a source at the Office reported that the probe is centered around the alleged use of NEIP funds to finance his campaign.Ofosu
Nkansah was reportedly arrested on Wednesday, January 10, 2024, in connection with the alleged distribution of money to NPP delegates ahead of the parliamentary primaries scheduled for January 27.
In addition to the arrest, officials from the OSP conducted a search of Nkansah’s office on the same day.
The NEIP CEO, who is also a contestant for the Asante Akim Central parliamentary seat, however, has been released.
The Office of the Special Prosecutor (OSP) has reaffirmed its dedication to combating corruption in the country.
In a statement issued to mark International Anti-Corruption Day, the OSP expressed its commitment to collaborating with pertinent bodies in the ongoing battle against corruption in Ghana.
“As we commemorate International Anti-Corruption Day and the anniversary of the United Nations Convention Against Corruption (UNCAC), the Office of the Special Prosecutor reaffirms its commitment to the fight against corruption in all its forms.
“Our vision is clear – to render corruption costly and unattractive, and we remain resolute in fulfilling this mandate. We will strengthen our collaboration with other law enforcement agencies and international partners to robustly build skill and expertise to suppress and repress corruption notwithstanding the formidable odds and barriers in this quest,” the OSP stated.
The Special Prosecutor, Kissi Agyebeng has recently been lamenting over what he describes as hindrances to his work.
At a press brief held on Wednesday, November 29, 2023 he complained bitterly over how the Judicial arm of government was impeding his work
there appears to be a developing trend of rather regressive and dismissive judicial decisions in respect of cases involving the OSP, with troubling consequences. And it seems to us that a careful examination of these outcomes portends a disturbing spectre that the fight against corruption is being hampered to the disbenefit of us all. Four instances will suffice.
In one case, the OSP applied to the High Court for a confirmation of a freezing order in respect of a deceased person’s estate. The judge refused to confirm the order by, in effect, holding that the OSP had come too late since the person of interest had died and that his death had extinguished the inquiry commenced after the occurrence of death.
The danger of this outcome is obvious. It is to effect that a person may, in his lifetime, acquire property through corruption and then upon his demise happily pass on the corruptly acquired property to his estate and by so doing, extinguish all scrutiny as to the propriety or otherwise of the acquisition of the property because his corrupt activities were not discovered during his lifetime,” he said.
Regardless of these constraints, the OSP remains resolute in its quest to combat the canker.
“Corruption knows no borders. It is not tied to specific persons, race, colour or continent. However, what universally proves effective is the prevention of the corrupt from operating with impunity. What works is ensuring that individuals understand the inevitability of arrest, investigation, and prosecution if they engage in corruption. When the corrupt are no longer assured the anchor of impunity, then may we confidently assert that Ghana is firmly on the path of combating corruption.
“We commend our confidential sources and whistleblowers for their valuable contribution to the work of the OSP. We encourage citizens and residents to join us in the fight against corruption.
“We are reminded of the essence and utility of eradicating the menace of corruption in aid of building our country on fairness, justice, and transparency. Let us envision a future where every citizen and resident lives with the legitimate expectation that integrity will triumph over deceit and the rule of law will prevail. The fight against corruption is a shared responsibility, and together we can build a prosperous Ghana,” the OSP said.
The Office of the Special Prosecutor (OSP) has been rocked by allegations of bribery, corruption and nepotism, according to a statement by the former Special Prosecutor, Martin Amidu.
Amidu, in a 15-page statement sighted by The Independent Ghana, accuses Agyebeng of crossing constitutional boundaries and defying Ghana’s 1992 Constitution.
In the statement, titled “Kissi Agyebeng, the Special Prosecutor, Has Crossed the Redline by Scandalizing the Administration of Justice and Must Be Impeached”, Amidu, who resigned from his position in November 2020, claimed that he received information and intelligence from informants and the media that a friend of the current Special Prosecutor, Kissi Agyebeng, “from the mountains”, was demanding and receiving “bribes “consideration” from suspects under investigation by the OSP.
Amidu said that the friend of Agyebeng, whose identity was not disclosed, was allegedly using the bribes to tamper with the preliminary and full investigations of the cases, and to influence the decisions to continue or drop the cases, and to prosecute or acquit the suspects in court. He said that this was a serious breach of the mandate and integrity of the OSP, which is supposed to investigate and prosecute corruption and corruption-related offences.
“I do not know whether the Special Prosecutor knows that tongues have been wagging from informants and intelligence, and in the media that a friend of the Special Prosecutor from the mountains usually demands and receives considerations allegedly for the benefit of the OSP during the preliminary investigation and full investigations of case to tamper with the resultant threats to continue with the case and to prosecute the suspects in court,” he said.
Amidu also alleged that some of the suspects who were under investigation by the OSP were either relatives or friends or former clients of Agyebeng or his staff, and that some of the cases were suppressed or delayed because of these connections. He said that some of the suspects who could not afford to pay bribes to the OSP’s friend or staff had to suffer long periods of incarceration, such as one Issah Seidu, who was arrested in February this year for failing to
“Tongues have also been wagging that Issah Seidu had to suffer incarceration for long periods because his friends and relations at home and abroad could not raise considerations to meet demands from some staff of the OSP. Tongues are further wagging that there are completed investigation dockets in the OSP which are not moving forward because senior officials of the OSP, including its head, are either relatives or friends or former professional representatives of the suspects or have received considerations from the suspects,” he said.
Amidu said that he raised these issues because of the invitation thrown to the public by Agyebeng to support the OSP in its work. He said that he wanted the OSP to be transparent and accountable and to address the issues raised at a media briefing. He said that he wanted to protect the integrity and independence of the OSP from becoming a rogue institution.
Former minister for environment, science, technology, and innovation, has purportedly provided details about events that took place during his arrest by the Office of the Special Prosecutor earlier this year.
The former minister, who served as the chairman of the disbanded Inter-Ministerial Committee on Illegal Mining (IMCIM), claimed that Kissi Agyebeng, the Special Prosecutor, lied when he claimed that Prof. Frimpong-Boateng was detained after confessing to the crime while being questioned.
He claimed that after receiving an invitation, he went to the OSP only to learn that he had been taken into custody without being given a reason or charge and that he had just been interrogated after the arrest.
“Let me tell you exactly what happened. I received a letter from the special prosecutor that I should appear before him because they were conducting an investigation into corruption and corruption-related activities of the Inter-Ministerial Committee on Illegal Mining. I went to his office. I was given a seat, and as soon as I sat down, an officer came to me, put his left hand on my right shoulder and said you are under arrest. I was surprised.
“They had not said anything to me, and they had not asked me any questions. My lawyer asked them why they had put me under arrest, and what were the specific charges. They said ‘no, no, we don’t have any specific charges, but we are investigating corruption and corruption-related activities of the committee,’ and that I would need somebody to bail me,” he is quoted to have said in an interview with the magazine.
“Right there, I suspected that they were trying to humiliate or intimidate me. I kept my cool… Then they asked me a series of questions related to the committee, and at the end of the interrogation, they asked me to write a statement which I did, a very short one,” he added.
Even though he had never been convicted of a crime in the country, according to Prof. Frimpong-Boateng, the OSP denied him a self-recognized bail. His companion, who was waiting in the lobby, had to sign the bail documents in order for him to be released.
“They took my friend to his house to see where he was living so that in case I defaulted, they would be able to find him. I have never ever had any brush with the law and have so much at stake in the country. So why would I flee, and for what? I am not a flight risk, but the special prosecutor would not give me a self-recognized bail. I found his actions very ridiculous,” he added.
Professor Kwabena Frimpong-Boateng, the former minister of science and technology, was detained on May 16, 2023, for crimes related to corruption after accepting an invitation to appear before the OSP.
He was freed after posting a $2 million bond.
In response to criticism following the former minister’s detention, Special Prosecutor Kissi Agyebeng stated that no one is an angel or a saint when it comes to corruption-related allegations brought before him.
He emphasized that he treats everyone equally and frees those who are the target of inadmissible evidence.
Chairman of the National Democratic Congress (NDC), General Asiedu Nketiah, has said money does not decide who gets voted for in the NDC anymore.
Speaking after the declaration of the results for the presidential primaries on Sunday dawn, Mr. Nketia expressed confidence that the party now has the men and women to ensure overwhelming victory in the 2024 general elections.
He commended the party delegates on the quality of candidates who were elected in the just-ended parliamentary primaries.
He said, “Money does not decide who gets the vote in [the] NDC anymore. We heard stories about big men, potentially rich men who could win elections; they all could not win in spite of their wealth and riches and the stories we heard about what they were intending to distribute, but we are happy that so far, the quality of candidates that have been produced in this election gives us confidence that we will go into 2024 and win presidential and win a significant majority in Parliament, and also deliver on the charge of rescuing this country.”
“We are not going to say we have the men; we want the men to prove themselves for you to say that ‘yes, NDC, you have the men’…” he added.
On Saturday, May 13, 2023, the NDC elected parliamentary candidates to represent the party in the 2024 election.
The party also elected former President John Dramani Mahama as its flagbearer for the 2024 elections.
The Member of Parliament for Asante-Akim North, Andy Appiah Kubi will be appearing before the Special Prosecutor, Kissi Agyebeng, over allegations that a wealthy businessman tried to influence some MPs who were pushing for the removal of the Finance Minister, Ken Ofori-Atta.
The MP is expected to give details to the OSP for investigation after he alleged in an interview with the media that an influential businessman tried to influence the MPs with money to reconsider their call for the dismissal of the finance minister.
On October 2, 2020, a group of NPP members of parliament petitioned the president to sack the Minister of Finance to restore public confidence in the economy.
This was announced at a press briefing by their spokesperson, Andy Kwame Appiah-Kubi, who is a Member of Parliament for Asante-Akim North.
However, the MPs later softened their stance after meeting President Nana Addo Dankwa Akufo-Addo on the matter, as they detailed that they were told to allow the minister to stay in office to ensure the minister concludes Ghana’s bailout deal with the International Monetary Fund (IMF).
Later, Majority Leader Osei Kyei-Mensah-Bonsu and Andy Appiah-Kubi alleged that a supposed businessman tried to influence the group with money brought to parliament in a bid to get the MPs to abort their decision.
Based on this allegation, the Special Prosecutor, Kissi Agyebeng, said in a statement that his outfit has initiated steps to investigate circumstances leading to an unnamed businessman, described as wealthy, attempting to bribe some New Patriotic Party Members of Parliament to soften their demand for the dismissal of Finance Minister, Ken Ofori-Atta.
It is on this note that the Member of Parliament for Asante-Akim North, Andy Appiah Kubi, will appear before the OSP.
Former Environment Minister, Prof. Kwabena Frimpong-Boateng, has been invited by the Office of Special Prosecutor (OSP) for interrogation over the former’s report on unlawful mining in Ghana.
The renowned Professor will work with the Office to investigate the claims made in the aforementioned paper, which have sparked much discussion.
This is according to a press release issued on May 4 by Professor Frimpong-Boateng.
The Cardiologist in the said release assured of his willingness to assist the OSP address his concerns raised in the report.
“Earlier today, I received a letter from the Office of the Special Prosecutor inviting me to assist the Office, ‘as a person necessary for the investigation” into suspected corruption and corruption-related offences in respect of the activities and expenditure of the dissolved Inter- Ministerial Committee on Illegal Mining (IMCIM).
“I have formally communicated my willingness to attend the invitation and to support the OSP in its work,” the statement said.
The investigation into unlawful mining activities in the nation is well along, according to the Special Prosecutor, Kissi Agyebeng, who made that statement previously.
He asserted that the issues raised in a newly report by Prof. Kwabena Frimpong-Boateng, the former environment minister, were already being looked into.
According to Mr. Kissi Agyebeng, the investigations were prompted by public calls for the office to pay close attention to the report that reveals several violations in the effort to combat the canker.
It also names top government officials supposedly involved in the activity.
This included an allegation that a garden in President Akufo-Addo’s Kyebi home was also affected by illegal mining which took the Minister’s intervention to halt.
However, most of the government officials named in the report have denied any wrongdoing.
Labianca Company Limited has refuted allegations made by the Office of Special Prosecutor (OSP) that its Chief Executive Officer, Eunice Jacqueline Buah Asomah-Hinneh, obtained a customs advance ruling through “influence peddling or trading of influence.”
The sum stated is the difference between what the frozen food manufacturer owes the state in import tariffs.
The OSP in its investigative report accused Eunice Asomah-Hinneh of influence-peddling for allegedly using her position as a member of the Council of State and member of the Board of Directors of the Ghana Ports and Harbours Authority (GPHA) to get a favourable decision from the Customs Division of the Ghana Revenue Authority (GRA), which led to a reduction in the tax liabilities of Labianca Limited.
The Special Prosecutor also directed the opening of a wider investigation in respect of the issuance of the tax liabilities.
In response, Labianca also in a statement said it takes the findings of the OSP seriously and have consequently instructed its lawyers to take the necessary action of the matter.
The company said over the years, it has in accordance with due process, applied for customs advance rulings under the Customs Act 2015 (Act 891).
“Indeed, over the years, the company has been tax compliant and has discharged all its obligations dutifully. Due to the nature of the operations of importers like us, the Ghana Revenue Authority, per Act 891 conducts periodic post clearance audits to determine possible undervaluation or overpayments of taxes,” Labianca’s statement read.
Explaining why it supposedly paid some GHS1million to the state as tax shortfall, it said “the assumption of jurisdiction by the OSP on such post clearance audit and our settlement of such taxes arising from such an audit is not synonymous with corruption and corruption-related activities by the company. The several communications between the Office of the OSP and the Special Prosecutor and the company confirm thisâ€.
The Office of the Special Prosecutor (OSP) has revealed that its outfit is currently investigating over 70 corruption and corruption-related cases.
In its Half Yearly Report published on August 1, 2022, the OSP indicated that the Airbus SE scandal, banking and financial sector crisis, recruitment to cadet officers training at the Ghana Police Academy, estate of Kwadwo Owusu-Afriyie and the Northern Development Authority (NDA) contract to A&Qs Consortium are among the cases it is currently investigating.
Section 3(3) of the Office of the Special Prosecutor Act, 2017 (Act 959) mandates the Office of the Special Prosecutor to publish, on a half yearly basis, the list of corruption cases investigated and prosecuted by the Office and the number of acquittals, convictions and pending cases and the value of any recovered proceeds.
Airbus SE
Airbus SE case looks at the alleged bribery by the European multinational aerospace corporation with regards to the sale and purchase of military aircrafts for the Republic.
It is alleged that Airbus SE swayed government officials and other decision-makers on airplane sales, boosting profit by more than $1 billion.
The corporation, per reports from Bloomberg, is facing a 300 million euro ($340 million) lawsuit from a group of investors over allegations it failed to properly disclose a sprawling corruption scandal and subsequent settlement.
According to the OSP, it is currently the INTERPOL and the central authorities of the United Kingdom and the
United States under the mutual legal assistance regime.
Banking and Financial Sector Crisis
Between August 2017 and January 2020, the Government embarked on a banking sector cleanup exercise to reinforce Ghana’s banking sector confidence.
The exercise led to the collapse of some banks and financial institutions.
In the 2020 budget statement, government stated that the clean-up cost GHS11.7 billion. There have been claims that some corrupt activities took place during the cleanup exercise.
On 25 January 2022, the Special Prosecutor announced the commencement of investigation into the banking and financial sector crisis.
The OSP is investigating some officials of the Bank of Ghana, banks, specialised deposit-taking institutions, and financial holding companies.
Recruitment to Cadet Officers Training at the Ghana Police Academy
The recruitment of Course 51 Cadet Officers into the Ghana Police Academy drew the attention of the Special Prosecutor, Kissi Agyebeng, following complaints that the personnel in charge, exhibited favouritism and other unacceptable conducts during the process.
On 17 March 2022, the Special Prosecutor commenced investigations into suspected corruption and corruption-related offences in respect of the recruitment exercise.
According to the OSP, its investigations target specific cases of alleged corruption and corruption-related offences 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
The will of Former Chief Executive of the Forestry Commission, Kwadwo Owusu Afriyie, popularly known as Sir John, came to light after it was reported that he had acquired some state lands before his passing.
Portions of the Achimota Forest and Ramsar catchment at Sakumono in Accra are among the properties claimed to be owned by Sir John.
The numerous properties owned by the late Kwadwo Owusu Afriyie became a subject for discussion earlier this year.
On 26 May 2022, the Special Prosecutor announced that his uniform has commenced investigations into the matter.
While investigation was ongoing, Mr Kissi Agyebeng directed the freezing of the estate of Sir John. On 9 June, 2022, the Special Prosecutor applied to the High Court, Financial Division, Accra for a confirmation of the freezing order.
The High Court refused the application, but on 19 July 2022, the Special Prosecutor filed a Notice of Appeal to the Court of Appeal, Civil Division, Accra against the decision of the High Court.
Northern Development Authority
The Office of the Special Prosecutor is investigating a contract awarded to A&Qs Consortium for consultancy services by the Northern Development Authority (NDA) under the Infrastructure for Poverty Eradication Programme (IPEP), especially in respect of the quantum of the contract sum.
Mr Kissi Agyebeng in July directed the Controller and Accountant General to immediately freeze payments arising from the contract.
Other Cases
The Office of Special Prosecutor is also investigating 70 other cases at various levels of consideration.
Information on these cases according to the Half Yearly Report, will be publicized should the Special Prosecutor
determines that they are within the mandate of the Office and “that they should be moved past the preliminary investigation stage.”
The decision by the OSP is meant to protect the privacy of individuals and the business operations of institutions and companies, and also to avoid unnecessary stigmatisation.
A member of the Council of State and the Board of Directors of the Ghana Ports and Harbours Authority (GPHA), Eunice Jacqueline Buah Asomah-Hinneh, has denied engaging in an alleged corrupt deal that resulted in a reduction in the tax liabilities for her frozen foods company, Labianca Company Limited.
Madam Asomah-Hinnehwas accused by the Office of the Special Prosecutor (OSP) of using her position to get a favourable decision from the Customs Division of the Ghana Revenue Authority (GRA), which led to a reduction in the tax liabilities of Labianca Limited.
Responding to the allegation, madam Asomah-Hinneh told Graphic Online that she did not engage in any wrongdoing.
She added that she is not aware of the report and findings by by the OSP and would speak to it once she apprised herself of the facts from the management of Labianca Company Limited.
“I cannot give any comment because I have not seen any report from the Special Prosecutor. I do not even know that the report is out,” she told Graphic Online.
When asked if she was aware of any investigations by the OSP into her company, she answered in the affirmative.
On whether she was aware if the Special Prosecutor had directed Labianca Company Limited to pay the amount to the state, she said the management of the company usually dealt with those issues and she might not be immediately privy to any such payments, as she had
not been around.
“I have not been around, but the office is there and so next Monday or Tuesday I will call and ask them. It is the management so I will ask them, she added.
She indicated her readiness to grant a full interview to Graphic Online when she returned to Accra.
Petition
Ms Asomah-Hinneh was re-elected a member of the Council of State representing the Western Region for a second term last 2021.
She was a member of the Board of Directors of the GPHA from 2017 to 2021.
The OSP commenced investigations into Labianca Company Limited and the Customs Division following a petition filed by one Frank Asare on November 16, 2021, pursuant to Section 27(1) of the OSP Act, 2017 (Act 959).
Mr Asare, in the petition, accused the Customs Division of the GRA and Labianca Company Limited of involvement in an alleged corrupt deal.
A sum of GH¢1.074 million has been recovered by the Office of the Special Prosecutor (OSP) from Labianca Company Limited, owned by a member of the Council of State, Ms Eunice Jacqueline Buah Asomah-Hinneh.
The amount represents a shortfall in import duties the frozen foods company paid to the state.
In an investigative report, a copy of which has been seen by Graphic Online, the OSPaccused Ms Asomah-Hinneh of influence-peddling for allegedly using her position as a member of the Council of State and member of the Board of Directors of the Ghana Ports and Harbours Authority (GPHA) to get a favourable decision from the Customs Division of the Ghana Revenue Authority (GRA), which led to a reduction in the tax liabilities of Labianca Limited.
Influence peddling
Influence-peddling or trading of influence is a form of corruption in which a person uses his or her position or political influence to gain unmerited
favours.
The OSP faulted a Deputy Commissioner of Customs in charge of Operations, Joseph Adu Kyei, for issuing what it described as unlawful customs
advance ruling which reduced the benchmark values of the frozen foods imported by Labianca Limited, thereby reducing the company’s tax obligations to the state, reports Graphic Online’s Emmanuel Ebo Hawkson.
“The OSP finds that there is strong evidence to suggest that Mr Kyei’s decision to issue a customs advance ruling for the applicant was procured
through influence peddling or trading of influence by Ms Asomah-Hinneh by employing her position as a member of the Council of State and member of the Board of Directors of the GPHA, the report, signed by the Special Prosecutor, Kissi Agyebeng, stated.
The investigative report, dated August 3, 2022, is titled: “Report of Investigation into Alleged Commission of Corruption and Corruption Related Offences involving Labianca Group of Companies and the Customs Division of the Ghana Revenue Authority.
It will be done by Attorney-General and Minister for Justice, Godfred Yeboah Dame.
The Office has been without a Board since the mandate of the previous one led by Linda Ofori-Kwarfo expired.
This is nine months after Kissi Agyebeng was officially sworn into office as the Special Prosecutor.
Civil Society Organisations in the country have since lamented the lack of a substantive Board and the impact on the operations of the Special Prosecutor.
However, a former Deputy Attorney-General, Joseph Dindiok Kpemka, assured that the Governing Board will be inaugurated soon.
According to sections 5 and 6 of the Office of Special Prosecutor Act 2017, Act 959, a Board is required to formulate policies for the objective of the Office, ensure proper and effective performance of the functions of the Office, advise the Special Prosecutor on the recruitment and selection of various staff among other duties.
The Board is also to consist of the Special Prosecutor, the Deputy Special Prosecutor, one representative each from the Audit Service, the Ghana Police Service, Economic and Organized Crime Office (EOCO), Financial Intelligence Centre, Commission on Human Rights and Administrative Justice (CHRAJ), a person nominated by the Minister for National Security, and one other person who is a female representing the Anti-Corruption Civil Society Organizations.
The previous Board included the then CID Boss, DCOP Maame Yaa Tiwaa Addo-Danquah; EOCO rep, Charles Nana Antwi; representatives from civil society, Linda Ofori Kwafo and Addai Wereko Tawiah; Kofi Wiredu Boakye, Charles Ayamadu and Kwaku Domfeh.
