The Founder and Chief Editor of the Fourth Estate, Manasseh Azure Awuni, has pledged his cooperation with the Office of the Special Prosecutor (OSP) regarding the investigation of the ‘The GH¢3 billion lie’ project.
He emphasized the commitment of investigative journalism to expose wrongdoing and aid in the recovery of lost revenue for the country.
Azure Awuni assured that he and his team are ready to provide any necessary information to the state agency to hold all offenders accountable.
In an interview on Joy FM’s Top Story, he stated, “At the end of the day, we do this work to help with the State not losing money and I have been to court several times to represent the State as a witness in Investigations I have done.
“I went through months of cross-examination in the A.B Adjei case which the special prosecutor is prosecuting and even in the US I had to join via Zoom to testify so if there is anything that they want to do, I think that it is only fair and natural that I cooperate, and then my team also would avail ourselves and whatever support or help or further information or clarification they need, we are always ready to help.”
The Fourth Estate’s report raised concerns about the contract’s validity, with Finance Minister Ken Ofori-Atta expanding it, estimating a potential cost of $100 million to the state over the next decade.
Minority Spokesperson on Mines and Energy, John Jinapor, urged the suspension of the deal pending a parliamentary probe.
A petition has also been submitted to the Special Prosecutor, urging an investigation into the Finance Ministry, Ghana Revenue Authority, and Strategic Mobilisation Ghana Limited over the questionable $1 billion contract for revenue assurance.
The Progressive People’s Party (PPP) has advocated for the separation of the Office of the Attorney-General from the Ministry of Justice as a crucial step in the fight against corruption in the country.
In a released statement, the PPP also proposed the transformation of the Office of the Special Prosecutor into the Office of the Attorney General, with the Minister serving as an advisor to the President.
Expressing alignment with those supporting the PPP’s longstanding stance on the complete segregation of the roles of the Minister of Justice and the Attorney General, the party urged the separation of the two entities and the conversion of the Office of the Special Prosecutor into the Attorney General’s Office (AGO).
“We are clearly in agreement with those echoing the PPP’s long-held position of a total separation of the Minister of Justice from the Attorney General. Attorney General for the people and the Minister of Justice as an advisor to the President. Hence, we ask for the separation of the two and convert the OSP to the Attorney General’s Office (AGO).
“The powers of the OSP are unfortunately embedded in the Minister of Justice and Attorney General as per the OSP (Act 2017), Act 959 that created the Office. The OSP has been seeded some powers of the AG which is, in itself, problematic.”
The PPP criticized the creation of the OSP as a mere fulfillment of a propaganda campaign, asserting that it was used to give the illusion of addressing corruption without substantial action.
“The OSP has been used to fulfil a propaganda campaign message just to deceive Ghanaians into believing something is being done about corruption. This new Attorney General Office (AGO) must have a budget that is built on the percentage of the National Budget. Access to its funding must be enshrined in the constitution.”
A counterfeiting syndicate operating in Accra and Tema has been exposed by the Office of the Special Prosecutor (OSP).
The said syndicate is believed to be a major producer of fake foreign currency counterfeiting.
In a one-paragraph announcement (December 15) posted on social media as part of updates on cases that it pursuing, the OSP said the amounts seized came up to US$40 million.
Under the heading ‘Prevention of Corruption’ and subheading ‘Disruption of Foreign Currency Manufacturing Network,’ the OSP wrote of the undated operation:
“OSP has disrupted a syndicate involved in the production of substantial amount of counterfeited foreign currency. Seizures were made in two warehouses located in Accra and Tema, where a substantial amount of counterfeited forty million dollars ($40,000,000.00) was discovered concealed in steel trunks.”
Other corruption prevention cases the OSP is involved in were also part of the post that had the caption: “Since August 2021, the Office of the Special Prosecutor (#OSP) has been actively engaged in a range of activities as part of its comprehensive fourfold mandate, which includes investigations, prosecution, asset recovery and management, and the prevention of corruption.”
It is the first time the office is disclosing this particular operation to the public.
The state-run Daily Graphic in a report stated that sources had told them that it was a highly classified and well-coordinated operation.
Someone is suspected to have given a tip-off to the currency operators about the OSP’s operation and planned swoop. This enabled the suspects to bolt in a hurry and didn’t have much time to pack everything on short notice, their report added.
Private legal practitioner Bobby Banson has disagreed with the assessment that the establishment of the Office of the Special Prosecutor (OSP) was a misuse of resources.
According to Banson, the OSP needs support and collaboration from all branches of government – Executive, Legislature, and Judiciary – to effectively carry out its responsibilities.
Speaking on TV3’s Key Points on Saturday, December 16, Banson argued, “The creation of OSP is not a wasteful allocation of resources. All arms of government must extend the necessary cooperation to the OSP.”
He stressed the significance of providing the essential support to ensure the success of the Office.
Another legal practitioner, Martin Kpebu, shared a similar perspective, asserting that the creation of the OSP was not an exercise in futility.
“As for the law you passed on the establishment of the Special Prosecutor, I did tell you that it was an act in futility. You were not going to achieve anything from that but you went ahead to pass it. I disagreed with you but I was alone,” the Speaker said in Parliament on Tuesday.
“Because I was very clear that, that authority is embedded in the powers of the Attorney-General constitutionally.”
Mr Kpebu acknowledged the inherent challenges in combating corruption, describing the OSP’s efforts as a “work in progress.”
Regarding Speaker of Parliament Alban Bagbin’s criticism of the OSP Act 2017, Kpebu disagreed, stating, “This is not an act in futility; the OSP is a work in progress. Corruption is a challenging issue to tackle.”
The discussion also touched on the Speaker’s proposal to separate the Attorney-General from the Ministry of Justice, a constitutional debate that Kpebu supported.
He cited England’s model where the Attorney-General is distinct from the Justice Ministry as an example worth considering.
“In England they have the A-G separated from the Justice Ministry, which I support. But I don’t support the comment that the OSP is an act in futility.
“This is not an act in futility, the OSP is a work in progress. Corruption is a difficult thing to fight.”
The Office of the Special Prosecutor (OSP) has successfully dismantled a significant foreign currency counterfeiting syndicate operating in both Accra and the commercial hub of Tema.
In a concise update shared on social media on December 15, the OSP reported the seizure of a substantial sum totaling US$40 million.
The operation, conducted under the category ‘Prevention of Corruption’ with the subheading ‘Disruption of Foreign Currency Manufacturing Network,’ marked a crucial step in the ongoing efforts to combat financial malfeasance.
“OSP has disrupted a syndicate involved in the production of a substantial amount of counterfeited foreign currency. Seizures were made in two warehouses located in Accra and Tema, where a substantial amount of counterfeited forty million dollars ($40,000,000.00) was discovered concealed in steel trunks.”
Other corruption prevention cases the OSP is involved in were also part of the post that had the caption: “Since August 2021, the Office of the Special Prosecutor (#OSP) has been actively engaged in a range of activities as part of its comprehensive fourfold mandate, which includes investigations, prosecution, asset recovery and management, and the prevention of corruption.”
This marks the inaugural public disclosure of the operation by the Office of the Special Prosecutor (OSP).
According to information reported by the state-run Daily Graphic, the operation was characterized by a high level of classification and meticulous coordination.
Regrettably, suspicions have arisen regarding a potential tip-off to the currency operators, hastening their escape as they were caught off guard and had limited time to hastily vacate the premises, leaving behind crucial evidence.
Third National Vice Chairman of the ruling New Patriotic Party (NPP), Alhaji Masawud Osman, has levied accusations against the Office of the Special Prosecutor (OSP), claiming political bias and proposing a reevaluation of its effectiveness.
Alhaji Osman alleges that 60% of the Office of the Special Prosecutor (OSP) staff maintains affiliations with the opposition National Democratic Congress (NDC), raising concerns about potential influences on prosecutions.
He censured Special Prosecutor Kissi Agyebeng, casting doubt on his impartiality and advocating for an inquiry into his suitability for the position.
Alhaji Osman additionally asserted that Agyebeng has considerably enlarged the staff of the OSP but has achieved minimal results in the fight against corruption.
He accused Agyebeng of unfairly targeting the NPP, citing the investigation into alleged irregularities at the Customs Division under the current government.
He said the focus solely on auctions from 2016 to 2022 raises questions about why similar events under the previous NDC administration haven’t been investigated.
Additionally, Alhaji Osman criticized the disparity in the OSP’s handling of allegations of vote-buying. He noted the probe launched into the NPP parliamentary primaries while no similar action was taken regarding accusations against the NDC.
Former New Patriotic Party (NPP) New Juaben North Constituency official, Kwadwo Boateng-Agyemang, also known as Chairman Kojo Boateng, has urged the Special Prosecutor, Kissi Agyebeng, to step down from his position if he is unable to fulfill his duties.
Chairman Kojo Boateng, in an interview on Adom FM, expressed his confusion regarding individuals who find it challenging to resign when they realize they are not performing well in their roles.
He advised Kissi Agyebeng to either confront the challenges he is facing or resign if he believes he cannot overcome them to effectively serve as a Special Prosecutor, rather than consistently complaining about them.
“What I want to tell the special prosecutor is that if he cannot do the job, I wish he can resign… if he cannot do the job, he should resign.
“The issue is that in this country people find it difficult to leave their position – they are always in pain when it comes to resignation. I wish that in motherland Ghana, one day, somebody would just get up and say I tried, I’m frustrated, I am done,” he said in Twi.
Chairman Kojo Boateng emphasized the need for Kissi Agyebeng to focus on performing his duties rather than expressing dissatisfaction with his current situation.
Kissi Agyebeng, appointed by President Akufo-Addo, has faced significant criticism, particularly from members of the ruling New Patriotic Party (NPP).
The Special Prosecutor accused judges and the judiciary of hindering the fight against corruption, leading to intensified backlash.
The 3rd National Vice Chairman of the NPP accused Agyebeng of being a corrupt member of the opposition National Democratic Congress (NDC) and attempting to undermine President Akufo-Addo’s anti-corruption efforts to remove the NPP from office.
The Office of the Special Prosecutor (OSP) has issued recent developments regarding an accusation that three government officials were harboring up to US$100 million within their residences.
This claim, initially presented in September 2023 by Listowel Nana Kusi-Poku, the Executive Director of the Good Governance Advocacy Group Ghana (GGAGG), prompted a challenge to the OSP to investigate.
In an interview on Accra FM on September 4, 2023, Kusi-Poku urged the OSP to commence an inquiry into his allegations, asserting that he could guide the office to the location of the $100 million held by these politicians.
Furthermore, he declared that failure to assist the OSP in locating the funds should result in a life imprisonment sentence for himself.
However, the OSP has confirmed that Kusi-Poku did not provide the necessary support to facilitate the follow-up on his allegations. This information surfaced during an exchange on X (formerly Twitter) this week when the OSP was prompted by a tweet to provide updates on the specific issue.
“OSP followed up. But, he is yet to supply the information,” the office responded to a video in which Kusi-Poku was making his allegations.
The accusations followed the arrest of former sanitation minister Cecilia Dapaah’s housemaids after it was discovered that they had taken more than a million dollars in cash as well as smaller amounts in euros and cedis.
What Kusi-Poku said
“The special prosecutor should come and pick me up so that I would take him to the home of three politicians. We are going to dig the ground in these houses and if we don’t get $100, I should be jailed forever.
“These three people are even at the lower levels of this government. I am throwing this challenge to the special prosecutor because he is the only one who has the authority to, out of suspicion, investigate such matters,” he said in Twi.
On December 13, the Office of the Special Prosecutor (OSP) released an updated list of former appointees under President Nana Addo Dankwa Akufo-Addo currently undergoing criminal trials.
The social media post outlined four distinct cases involving a total of six individuals. Among them are a former sanitation minister, chief executives of significant state agencies, and a nominee for a prominent local-level office.
Highlighting the longevity of these legal proceedings, the OSP indicated that the oldest case dates back to August 2021.
The charges against these individuals primarily revolve around allegations of “corruption and corruption-related offences.”
This disclosure sheds light on ongoing efforts to address corruption within the former administration, underscoring the commitment of the OSP to pursue legal action in such matters.
“These cases are different from OSP interim applications, where the courts have barred the office from making arrests, conducting investigations, or seizing assets of the individuals implicated as suspects and respondents,” the OSP clarified in the post.
Below are brief details of each of the respective cases:
The Republic vs. Alexander Kwabena Sarfo Kantanka
The prosecution has concluded presenting its case in the trial of theMunicipal Chief Executive (MCE) nominee for Juaben in the Ashanti Region.
The charges against him include 26 counts of corruption related to a public election. The court is set to decide on the defence’s ‘no case’ submission on January 23, 2024.
In another case, titled “The Republic vs. Sumaila Abdul Rahman and 3 others,” the prosecution has wrapped up its case in the corruption scandal involving the Northern Development Authority.
The former Chief Executive Officer, along with his two deputies and a private contractor, faces 11 charges related to a bloated contract for a poverty eradication program exceeding five million cedis.
The prosecution called upon 10 witnesses during the proceedings. The defence is expected to submit their ‘no case’ response by January 4, 2024, with the prosecution set to respond by January 25, 2024. The case has been adjourned to February 12, 2024, for mention.
The Republic vs. Adjenim Boateng
The trial of the former Chief Executive of the Public Procurement Authority and his brother-in-law is ongoing before the Criminal Division of the High Court in Accra.
Mr. Adjei has been charged on multiple counts of using public office for profit and directly and indirectly influencing the procurement process to obtain an unfair advantage in the award of public contracts, while his brother-in-law, Francis Kwaku Arhin, has been charged with one (1) count of using public office for profit.
[Refusal to declare property and income as demanded by the OSP]
Plea of the accused yet to be taken. Docket has yet to be assigned to a new judge. The case was adjourned to December 22, 2023.
Since August 2021, the OSP has presented the following individuals for criminal trials in courtrooms across the nation for corruption and corruption related offences..
These cases are different from OSP interim applications, where the courts have barred the office from making… pic.twitter.com/gWYRWoRjrQ
— Office of the Special Prosecutor-Ghana (@ospghana) December 13, 2023
He emphasized that calling for the dissolution of the OSP, which was established in 2018, is premature.
This statement comes in response to the Speaker of Parliament, Alban Bagbin’s assertion that the creation of the OSP was an ineffective move. Speaker Bagbin suggested that, instead of establishing the OSP, the government should have separated the Attorney-General’s Department from the Ministry of Justice for more effective results in the fight against corruption.
In reaction to the Speaker’s remarks, Kofi Bentil highlighted that Ghanaians often seek quick solutions to systemic problems and stressed the need for patience in evaluating the effectiveness of the OSP.
“I have to also say one of the problems I think in Ghana over these decades of public policy advocacy is that we tend to want very quick solutions. How old is the office of the Special Prosecutor? What has been the experience so far?
“We have had Mr. Martin Amidu who came in, all of us were elated, I can tell you honestly that some of us were told that Mr. Martin Amidu may not be able to achieve much. And these are people who were close to him.
“We didn’t listen, we thought look he was the greatest, we hailed him and what happened, happened. We now have lawyer Kissi Agyebeng there, how long has he been in office? How long have we resourced him? But already I can tell you lawyer Kissi Agyebeng the OSP is doing things that were unthinkable,” he said.
Kofi Bentil has expressed the opinion that although the current Office of the Special Prosecutor (OSP) has not been in operation for an extended period, the achievements it has made in the limited time are considerable.
“In all our experience as an independent country, some of the things that had happened in this short time were not things that we could have contemplated being done by a sitting Attorney General. So look, it is too early to cancel that office and call it a failure.
“We want results but some things happen over time and if you ask me I think we’re on the path. What we need to have is patience and continue to work at it to make sure that this thing works,” he said.
Former member of Parliament’s Constitutional and Legal Committee, Inusah Fusieni, has rebuffed attempts to diminish the crucial role played by the Office of the Special Prosecutor (OSP) in the ongoing battle against corruption.
He emphasized that the OSP holds a distinctive mandate focused on combating corruption and related offenses. He asserted that any debate questioning the office’s benefit to the state should not even be entertained.
During an interview on JoyFM’s Newsnight, he clarified that the office is in its early stages and is presently gaining insights from diverse cases it has addressed. He added that giving ample space for the office to operate will prove to be immensely advantageous.
“We are learning a useful lesson from Martin Amidu, we are learning a useful lesson from Kissi Agyebeng and I think that somehow we have come to accept that the office has been weaponised, and I don’t think it will be in the interest of any political party to scrap that office,” he said on December 12, 2023.
Former MP for Tamale Central, Inusah Fuseini
Mr Fuseini added that although both past and present Special Prosecutors have not successfully prosecuted anyone for corrupt practices, the mere fact the office exists can make people refrain from corrupt practices.
“Clearly, people know that the office exists, and even if they are not having prosecution, the fact that you can be sent to the Special Prosecutor’s office is enough deterrence and the periodic information given to the public on the number of cases being handled by the Special Prosecutor also goes some way in dealing with the issue of corruption,” he added.
The former MP for Tamale Central said the main concern should be adopting ways to empower the office and make it more effective and fit for purpose.
Reacting to the criticisms about the OSP’s inability to successfully prosecute a single case since its establishment, he said that was not good enough considering the amount invested in creating the office.
“The fact that we have not convicted even a single soul under that office of the special prosecutor is enough to worry,” he said.
Meanwhile, during parliamentary proceedings on Tuesday, December 12, the Speaker of Parliament, Alban Bagbin, asserted that the law establishing the OSP was an act of futility.
Speaking during the consideration of the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill 2021, he stressed that the Office will not achieve any results in the fight against corruption.
The Head of Legal Affairs for the National Democratic Congress (NDC), Godwin Edudzi Tameklo, has asserted that the deliberate leak of the GH¢30 million vehicle request made by the Office of the Special Prosecutor (OSP) to the Ministry of Finance is an orchestrated effort by certain individuals within the government to undermine the authority of the anti-corruption office.
The revelation emerged following a report on December 10, 2023, disclosing the OSP’s formal appeal for GH¢30 million worth of vehicles.
The request specified four types of armored-plated vehicles and twelve types of soft/light-body vehicles, amounting to a total of GH¢29,952,000.
Edudzi Tameklo, speaking on Accra-based TV3 on December 11, 2023, highlighted the contradiction in President Akufo-Addo’s endorsement of OSP head Kissi Agyebeng while some of his appointees allegedly work against the very office established to combat corruption.
He questioned the consistent efforts to undermine the OSP’s work and emphasized that Agyebeng’s competence, endorsed by Akufo-Addo, should be respected.
“If he [reference to Kissi Agyebeng] is competent, why is it that consistently, a person appointed by the same Akufo-Addo has taken it upon himself to undermine the very office set up by the president? What I am trying to understand is that you say that the person is competent and he is doing his work. The mandate was handed over to him by the same president. We didn’t appoint Kissi Agyebeng, the nomination was not done by us, it was done by the Attorney General of the republic who was appointed by President Akufo-Addo. Subsequently, Akufo-Addo endorsed that nomination, sent his name to parliament, he was approved by the parliament and he signed his appointment letter, giving him a seven year mandate.
“But every evening, an appointee of President Akufo-Addo has taken it upon himself to undermine his work. Even a confidential memo he has sent to the government about vehicles to be purchased for the smooth running of his office has been leaked; this was deliberate. You see, it was deliberately done to create an impression about the OSP,” he explained.
The NDC legal affairs head suggested that the intentional leak was orchestrated to create a negative impression about the OSP, diverting attention from recent corruption exposés within the Akufo-Addo/Bawumia administration, particularly referencing the case of former minister Cecilia Dapaah.
Edudzi Tameklo stressed the importance of well-equipped law enforcement agencies globally, citing examples such as the FBI in the United States.
He criticized the deliberate attempt to discredit the OSP’s work, emphasizing the need for robust resources and support for law enforcement agencies involved in combating crime, considering the inherent risks they face.
The Office of the Special Prosecutor (OSP) has issued a clarion call to all Ghanaians to support the fight against corruption.
In a statement to commemorate International Anti-Corruption Day, the OSP commended its whistleblowers and entreated all Ghanaians to emulate their actions.
“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 shared.
Annually observed on December 9th, International Anti-Corruption Day commemorates the passage of the United Nations Convention Against Corruption on October 31, 2003. The day serves to enhance public awareness and commitment to anti-corruption initiatives.
In its statement, the Office of the Special Prosecutor (OSP) reaffirmed its dedication to combating corruption in the country.
“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.
In 2021, the Office of the Special Prosecutor (OSP) sent a formal letter to the Ministry of Finance requesting authorization to buy multiple cars.
Thus, the September 2021 request was sent out just over a month after Kissi Agyebeng took the oath of office as the office’s second occupant.
The letter is headed “APPLICATION FOR COMMENCEMENT WARRANT” and is addressed to the Minister of Finance.
It read in part: “The Office of the Special Prosecutor wishes to apply for Commencement Warrant for the purchase of the under-listed vehicles for the office.”
The formal request outlined four types of armored-plated vehicles and twelve types of soft/light-body vehicles, with the total cost of the requested vehicles amounting to GH29,952,000.
Within the requested vehicles, there were a total of six armored cars and 38 light-body cars. Notably, the BMW 750 LI emerged as the most expensive in the consignment, valued at over 1.6 million cedis, while the Toyota Camry held the position of the least-priced, priced at 330,000 cedis.
It remains undisclosed whether the entire purchase request was approved or who compiled the list, with uncertainty surrounding whether it was formulated by the inaugural Special Prosecutor, Martin Amidu, or his predecessor.
In addressing the challenges encountered in fulfilling his mandate, the current Special Prosecutor (SP) highlighted the adverse impact of unfavorable court decisions.
The government led by Nana Addo Dankwa Akufo-Addo has faced widespread criticism for alleged corrupt practices involving top appointees and individuals closely associated with the presidency.
Ghana’s poor performance in annual anti-corruption rankings by Transparency International has further fueled concerns. Local anti-graft agencies have lamented the perceived failure of President Akufo-Addo to take decisive action against allegedly corrupt appointees.
OSP’s formal request for GH¢30 million worth of cars in 2021
The Office of the Special Prosecutor (OSP) joined forces with the Ghana Anti-Corruption Coalition (GACC) and members of the Local Accountability Network (LANet) to organize an anti-corruption seminar for students at Prampram Senior High School in the Greater Accra region.
The seminar, held in commemoration of International Anti-Corruption Day on Saturday, December 9, is part of the OSP’s broader Youth in Anti-Corruption Campaign.
The Office of the Special Prosecutor (OSP) sent a formal letter to the Ministry of Finance in September 2021, requesting clearance for the purchase of several vehicles.
This request was made shortly after Kissi Agyebeng assumed office as the second Special Prosecutor, just about a month after his swearing-in.
The letter, titled “APPLICATION FOR COMMENCEMENT WARRANT,” was addressed to the Minister of Finance.
It read in part: “The Office of the Special Prosecutor wishes to apply for Commencement Warrant for the purchase of the under-listed vehicles for the office.”
The list included four types of armoured-plated vehicles and 12 types of soft/light-body vehicles, with a total cost of GH₵29,952,000. The request included six armoured cars and 38 light-body cars, ranging in price from over GH₵1.6 million for a BMW 750 LI to GH₵330,000 for a Toyota Camry.
It is unclear whether the entire request was approved for purchase, and the originator of the list, whether Martin Amidu or his predecessor, is also unknown.
Recently, Metro TV journalist, Paul Adom-Otchere made this revelation and promised to provide evidence to back his claims during an edition of the the Good Evening Ghana Show.
The Special Prosecutor, Kissi Agyebeng, has recently highlighted challenges in prosecuting his mandate, particularly addressing unfavorable court decisions.
The Akufo-Addo-led government has faced criticism for alleged corruption by top officials, and Ghana’s performance in anti-corruption rankings by Transparency International has been a cause for concern. Local anti-corruption agencies have expressed disappointment in the government’s perceived failure to address corruption within its ranks.
The Office of the Special Prosecutor (OSP) sent a formal letter to the Ministry of Finance in September 2021, requesting clearance for the purchase of several vehicles.
This request was made shortly after Kissi Agyebeng assumed office as the second Special Prosecutor, just about a month after his swearing-in.
The letter, titled “APPLICATION FOR COMMENCEMENT WARRANT,” was addressed to the Minister of Finance.
It read in part: “The Office of the Special Prosecutor wishes to apply for Commencement Warrant for the purchase of the under-listed vehicles for the office.”
The list included four types of armoured-plated vehicles and 12 types of soft/light-body vehicles, with a total cost of GH₵29,952,000. The request included six armoured cars and 38 light-body cars, ranging in price from over GH₵1.6 million for a BMW 750 LI to GH₵330,000 for a Toyota Camry.
It is unclear whether the entire request was approved for purchase, and the originator of the list, whether Martin Amidu or his predecessor, is also unknown.
Recently, Metro TV journalist, Paul Adom-Otchere made this revelation and promised to provide evidence to back his claims during an edition of the the Good Evening Ghana Show.
The Special Prosecutor, Kissi Agyebeng, has recently highlighted challenges in prosecuting his mandate, particularly addressing unfavorable court decisions.
The Akufo-Addo-led government has faced criticism for alleged corruption by top officials, and Ghana’s performance in anti-corruption rankings by Transparency International has been a cause for concern. Local anti-corruption agencies have expressed disappointment in the government’s perceived failure to address corruption within its ranks.
The Special Prosecutor, Kissi Agyebeng, has come under fire from Member of Parliament Alfred Obeng-Boateng of the Bibiani-Anhwiaso Bekwai constituency. In a recent press conference, he claimed that the judiciary was in some way impeding his work.
Speaking at a panel discussion on December 8, 2023, on Peace FM’s Kokrokoo, he questioned Agyebeng’s reasoning for calling a press conference and making a public allegation that the judiciary was impeding his work.
He claims that the OSP has already expressed regret for his actions.
“We thank the OSP for his seriousness in fighting corruption in the country and how he is doing his job.
“The government is supporting him with all the needed resources to be able to do his work … however he is claiming facing frustration from the judiciary and for that, he should know better because I am sure by this time, he has regretted saying those things, as a lawyer, he should not be saying these things in public,” he said.
At the aforementioned press conference, Kissi Agyebeng discussed his observations regarding a pattern of dismissals by certain members of the judiciary with reference to the OSP’s work.
The OSP then made reference to four occasions in which the court issued rulings in support of suspects under investigation by his office for corruption and cases related to corruption.
“We do not force feed cases; we do not force feed our prosecutions. It is our belief that it is not a matter of us going beyond our mandate but rather a case of hasty dismissiveness and lack of regard because if you take the four cases I tabled out over a period of time spanning from July 2022 to Monday, there is a troubling trend.
“In one of the cases, I said a judge injuncted us from arresting a person. Mind you, we were not in court. We had declared the person wanted as a fugitive from justice, there was absolutely no enquiry as to why we believed that the person was a fugitive from justice so it is not as if we breached the law.
“No one asked us why we declared the person wanted. Then we were served with an injunction order that we cannot arrest the person meanwhile we know that in our law no one has the right not to be arrested. You cannot say you are granting a person a right not to be arrested.
“So when we receive judicial decisions like that it makes us assume that we are being prevented from arresting someone who is a fugitive from justice,” he said.
Agyebeng’s statements follow the rejection of multiple requests and applications by the Office of the Special Prosecutor (OSP) in its ongoing battle against corruption.
In July 2022, the Accra High Court dismissed the OSP’s plea to freeze the assets of the late Kwadwo Owusu Afriyie, also known as Sir John, the former CEO of the Forestry Commission. This decision came after the OSP had frozen all assets linked to Sir John as part of an inquiry into the acquisition of state lands and properties specified in his will.
Agyebeng cautioned against potential risks if the court persists in restraining or prohibiting investigations, suggesting that even individuals accused of serious crimes, such as murder, might increasingly seek injunctions to shield themselves from prosecution.
In addressing the challenges he has encountered since assuming the position of Special Prosecutor, Agyebeng emphasized a recent court ruling that halted his investigation into the Labianca tax case. The court nullified adverse findings made by the OSP against Col.
Damoah and Adu-Kyei, accusing them of misconduct in granting tax waivers to Labianca Company, owned by Council of State member Eunice Asomah-Hinneh.
Despite the court’s decision, Agyebeng has pledged to continue pursuing the case, expressing concerns about the worrisome precedent set by frequent court interference in his investigative work.
The Office of the Special Prosecutor (OSP) has faced stern criticism from the presiding judge, Justice Nicholas Mensah Abodakpi of the High Court in Accra (Human Rights Division). The judge expressed his displeasure over what he described as an “abuse of its powers” by the OSP.
Justice Abodakpi also labeled the depositions made by the OSP in its affidavit, in response to a human rights action filed by former Secretary to the dissolved Inter-Ministerial Committee on Illegal Mining (IMCIM) Charles Cromwell Bissue, as “scandalous.”
The court accused the OSP of behaving as if it possesses appellate jurisdiction over the High Court, terming such a posture as inappropriate.
“The other issue I want to state is, you have in your paragraphs 21, 22 and 23 of your affidavits in answer, which you are claiming is Misleading the Court to Injunct a non-Existent Warrant,” the court observed.
Justice Abodakpi said, with regards to the OSPs paragraph 22, “You went on to make certain depositions.”
“Are you saying the court doesn’t have its own mind? Why are you saying all these things?,” the Court wondered.
However, OSP prosecutor Seth Ansong claimed those passages were pertinent to their case and should have been included in the trial’s documentation.
Abuse of power
Surprisingly, when questioned by the court about whether he had read the court’s ruling before making the depositions in paragraphs 21, 22, and 23, Seth Ansong replied, “Not that I know of.”
Expressing dissatisfaction with the OSP’s stance, Justice Abodakpi struck out those paragraphs and labeled them as “scandalous.”
“Before a formal hearing of this case paragraphs 21, 22 and 23 are struck out because they are scandalous,” Justice Abodakpi said.
He added that “the OSP has no appellate jurisdiction over the High Court. …Whatever powers you have, you have no appellate jurisdiction over the High Court.”
“You cannot remonstrate and castigate the court over decisions it has made,” Justice Abodakpi said.
“Do you have a copy of the ruling?” The Court asked.
But in his answer to the question, Seth Ansong, the Prosecutor from the OSP said, “Not that I know of.”
The answer from the OSP, provoked another backlash from the judge saying “Then why are you saying those things when you haven’t read the ruling of the Court?”
“The OSP has no Appallent jurisdiction of the High Court. If you disagree (with a ruling of the Court) you go to Court of Appeal and appeal.
“You are abusing your powers. You cannot castigate me (Judge). You haven’t seen the decision of the Court and you are saying those things?” the judge hit back.
Misleading paragraphs
The court expressed displeasure with the paragraphs contained in the OSP’s affidavit in response and subsequently struck them out:
21 Paragraphs 28 to 29 of the affidavit in support are not denied. ‘The first respondent further states that the applicant misled this Honourable Court into granting an ex parte interim injunction against the first respondent on 15 June 2023, restraining the first respondent from enforcing a non-existent arrest warrant.
22 The first respondent notes that the applicant in paragraph 27 of his affidavit in support claims that he was reliably informed on the purported grant of the arrest warrant. The first respondent contends that this claim by the applicant clearly amounted to suspicion, and it is well settled that the rule of litigation game is evidence and not suspicions or conjectures.
23 It is thus regrettable that although no court warrant ever issued or existed, this Honourable Court firmly handed down an order of interim injunction against the first respondent, on an ex parte application, to restrain the respondent from discharging its statutory functions for a period of ten (10) days.
It bears noting that a copy of the alleged warrant was never exhibited to the ex parte application, but the applicant had to bear the brunt of the judicial order all the same.
Trial sets for next year
Charles Bissue is seeking the enforcement of his human rights from the Court.
Justice Abodakpi, after hearing the parties on Wednesday, December 6, directed lawyers of the Applicant (Charles Bissue), the OSP, and the Attorney General to file their written submissions before the next sitting.
State Attorneys from the AG’s Office, assigned to represent the Kaneshie district Court, are also to file their affidavit in answer before the next date.
The case has been adjourned to January 15, 2024, for a hearing when a video recording of certain interviews granted by the OSP will be played in open Court.
Subject matter
Charles Bissue who is seeking the enforcement of his human rights is asking for the following relief from Human Rights;
a). Quash or cancel the Arrest Warrant issued against the Applicant by the 2nd Respondent to the 1st Respondent.
b). Quash the 1st Respondent’s Notice, declaring the Applicant wanted.
c). Compel the 1st Respondent to comply with the provisions of L.I. 2374 by providing the Applicant with a copy of the Petitions, forming the basis of the investigations being conducted by the 1st Respondent in respect of which the Applicant is deemed to be a necessary person.
d). Prohibit the 1st Respondent, pending the determination of Suit No. J/0328/2023, from applying for Arrest Warrants and hounding the Applicant in the name of investigations.
Deputy General Secretary of the National Democratic Congress (NDC), Mustapha Gbande, has urged the Office of the Special Prosecutor (OSP) to shift its focus from investigating individuals suspected of vote-buying to probing the source of funds used by public officials during elections.
The call comes after the OSP’s pursuit of six individuals allegedly involved in vote-buying during the New Patriotic Party (NPP) primaries.
Mr Gbande, speaking on JoyNews’ PM Express, expressed the opinion that delegates receiving money from candidates is not the primary issue.
Instead, he emphasized the importance of investigating public officials who distribute funds during elections to determine whether the money comes from the national purse or other sources.
“We should ask people who are serving the public, whether or not your salary or your allowances are enough to afford you that kind of money that you share.
“So, instead of the OSP, dancing around the fire and going after individuals who are excited because they’ve received money from an aspirant, the OSP should go after the giver who is a public servant,” he said on Tuesday.
Mustapha Gbande defended the practice of party delegates receiving funds during primaries, describing it as a form of compensation for their dedication to the party.
Highlighting the hard work of party delegates, Gbande argued that during infrequent party congresses and primaries, party members receive motivation and support from candidates.
“We cannot criminalise them for receiving gifts from politicians, as it is a normal part of the political process. Once the giver is a public officer, an appointee of government, then he can be subjected to some level of scrutiny. But if a private individual says, ‘I have $1 million and I want to share’, I don’t see anything wrong with it,” he added.
Former Auditor-General Daniel Domelevo, participating in the discussion, advocated for a review of the law to enable the Special Prosecutor to prosecute individuals involved in vote-buying activities. Domelevo rejected politicians’ claims that such funds were for transportation, asserting that these were attempts to influence and purchase votes.
A member of the communication team of the New Patriotic Party (NPP), Lawuratu Musah-Saaka, has taken a swipe at the Special Prosecutor, Kissi Agyebeng, over the former’s recent criticism of the judiciary for supposedly meddling in investigations by his office, the Office of the Special Prosecutor (OSP).
Speaking during a panel discussion on Metro TV’s Good Morning Ghana, Musah-Saaka said that when the Special Prosecutor came into office, he put himself out as a commando against corruption but is now lamenting after a few issues.
She indicated that Kissi Agyebeng should man up because he is not in office to sell sweets and he is going to be faced with several bigger challenges than the ones he is complaining about now.
“If you come into an office and you tout yourself as the spirit and conscience of the nation, you must be ready to brace the storm.
“It is corruption you’re going to fight; with all due respect, it is not ice cream you are going sell,” she said on the programme.
The OSP is facing numerous difficulties, according to Musah-Saaka, the Deputy Executive Secretary at the Postal and Courier Services Regulatory Commission (PCSRC), because Kissi Agyebeng has not included the judiciary and other relevant parties in the fight against corruption.
“So, if you get to an office, you need to really look at how you would manage your stakeholders. But if you go and tout yourself as the spirit and conscience of the nation… people have that attitude of watching you prove that you are really the conscience of the nation.
“Other institutions are involved in this fight against corruption. How have you collaborated with them? How have you engaged with them?… the judiciary is a major stakeholder, how have you engaged them?” she quizzed.
Background:
Kissi Agyebeng coitized Ghanaian courts for allegedly interfering in the operations of his office, the Office of the Special Prosecutor (OSP).
During a press briefing in Accra on Wednesday, November 29, 2023, Agyebeng lamented the recurrent issuance of injunctions by justices of the courts, impeding the investigative processes of the OSP.
He emphasized that the court’s role is to interpret Ghana’s laws, not to dictate which individuals should undergo investigation by the country’s investigative bodies, including the OSP. Agyebeng deemed it entirely inappropriate for the court to halt OSP investigations, asserting that such actions set an unfavorable precedent for criminal investigations in the country.
“… the duty and mandate of the courts is to apply and enforce the laws of the Republic and not to clothe persons with immunity from criminal investigations and prosecution. A court cannot injunct the OSP from investigating or prosecuting any person.
“The decision to investigate and prosecute lies with the investigation and prosecution authorities such as the OSP and the OSP has at all material times carried out its power to investigate with candour and professionalism being minded of the rights of suspects under its investigation,” he said.
He went on to say that the court’s decision to halt two of its investigations is bad for the battle against corruption and might even cause murderers to ask for injunctions to prevent their cases from being looked into.
“The danger of this startling decision is once again obvious. A judge has granted two persons immunity from investigation for suspected corruption and corruption-related offences and hence immunity from prosecution.
“This decision opens up a calamitous deluge as every person under criminal investigation would be encouraged to take out suits to injunct investigation and prosecution bodies from investigating and prosecuting them. The real and present danger looms largely on the consideration that by so doing, persons under investigation would conscript the judiciary to clothe them with immunity from investigation and prosecution,” he said.
According to the Special Prosecutor, the investigations ought to go on so that the court can rule on the results.
It's corruption we're fighting, not selling ice cream – Lawuratu Musah-Saaka hits back at Kissi Agyebeng over his latest comments on the fight against corruption#GoodMorningGhana#MetroTVpic.twitter.com/DVHGhqcaGv
Prof Kobby Mensah, a senior lecturer at the University of Ghana, has called on the Office of the Special Prosecutor (OSP) to broaden its inquiry into incidents of vote buying during the recent New Patriotic Party (NPP) orphan constituency parliamentary primaries.
The OSP issued a wanted notice for six individuals on Sunday, December 3, 2023, alleging their involvement in vote buying during a public election.
Although the OSP did not specify the election in question, viral videos depict the men in the notices admitting to receiving money from contenders in the recently concluded NPP orphan constituency primaries.
In response to the wanted notice, Prof Kobby Mensah urged the OSP to also summon the parliamentary aspirants who purportedly provided money to delegates.
He pointed out that some of the candidates in the concluded primaries have openly admitted to offering money on radio and TV, emphasizing the importance of questioning them as well.
“Pls invite the parliamentary candidates too, if these are only delegates. We have seen and heard PCs on TV and Radio admit payments of some sorts,” he wrote on X on December 3, 2023.
View the posts below:
The man in the middle: his crime is that he ate Waakye, rice and konkonte provided by one of the contestants in the Npp @NPP_GH parliamentary primary in the Ablekuma central constituency. Now the @ospghana want answers. #JoySMSpic.twitter.com/vsZnckc2ws
The Office of the Special Prosecutor (OSP) is in search of some individuals for their involvement in corruption-related activities especially vote-buying.
The OSP made this known in a post on X with the caption “Wanted persons: The following persons are wanted by the OSP for corruption and corruption-related offences in respect of public elections- especially vote-buying.#OSP #CorruptionAffectsYouDirectly”.
According to the OSP, the six men are wanted for allegedly engaging in vote-buying in respect of public elections. Further information, such as the identities of the suspects, was not provided by the OSP.
The post also did not specify which public elections the suspects were involved in, but it comes after the New Patriotic Party (NPP) held its primaries for orphan constituencies over the weekend.
The OSP is a specialised independent anti-corruption institution in Ghana, established in 2018, with the object of investigating and prosecuting specific cases of alleged or suspected corruption and corruption-related offences in the public and private sectors, recovering the proceeds of such acts by disgorging illicit and unexplained wealth and taking steps to prevent corruption. The OSP derives its powers mainly from the Office of the Special Prosecutor Act, 2017 (Act 959) and other laws bearing on the suppression and repression of corruption.
These matters include the government payroll, state lands, and the proposed partnership between Tema Oil Refinery (TOR) and Tema Energy and Processing Limited.
Kissi Agyebeng, the Special Prosecutor, stated that the OSP has the mandate to investigate and prosecute specific cases of suspected corruption and corruption-related offenses, as well as recover the proceeds of corruption and corruption-related offenses, which fall under these cases.
He made the announcement at a press conference on November 29, 2023.
Touching on the payroll, he said, “The assessment and investigation are especially aimed at isolating and removing non-existent names, recovering wrongful payments and the prosecution of persons suspected to be culpable for any offences.”
Kissi Agyebeng, the Special Prosecutor, mentioned that to carry out the corruption risk analysis, his office is collaborating with the Controller and Accountant-General’s Department, and a joint project team has already been formed.
The assessment will be conducted in two phases, with the first phase covering the Ghana Education Service and health institutions, followed by Metropolitan, Municipal, and District Assemblies, Ministries, Departments, and Agencies.
The investigations will encompass all banks and individuals on the government payroll. Additionally, the management of Tema Oil Refinery has been directed to suspend the proposed partnership agreement, ongoing negotiations, and operations with Tema Energy and Processing Limited until further notice.
Again, touching on state lands, he said “OSP has commenced an investigation into the appropriation, investigating state lands, stool lands and other vested lands to find sale and lease of state-owned land or properties to individuals and cooperate bodies since 1993.”
In a departure from his usual energetic demeanor since officially assuming the role of fighting corruption, Kissi Agyebeng displayed a rare moment of frustration during a recent press conference organized by the Special Prosecutor’s Office.
Known for projecting readiness for action, Agyebeng’s demeanor at the press conference indicated that, at present, his commitment to uproot corruption is sustained mainly by his patriotism.
He gathered a team of journalists to highlight the challenges he faces within the judiciary, hindering his efforts to prosecute cases successfully. According to Mr Kissi Agyebeng, catastrophe lies ahead should the OSP’s fight against corruption be continually impeded.
“As I said, I wasn’t sounding like a prophet of doom but there is doom looming ahead of us, that very soon a murderer will boldly walk to go to seek an injunction. Should I feel frustrated and resign? I took an oath and in my life when I take on the reins to do something, I do it to the best of my ability,’ he said on Wednesday.
This comes in the wake of the dismissal of certain requests and applications made by the Office of the Special Prosecutor (OSP) in its ongoing efforts to combat corruption.
In July 2022, an Accra High Court rejected a request by the Office of the Special Prosecutor (OSP) to freeze the assets of the late Kwadwo Owusu Afriyie, known as Sir John, the former CEO of the Forestry Commission. This decision came after the OSP had initially frozen all of Sir John’s assets as part of an investigation into the acquisition of state lands and properties mentioned in his will. Despite the OSP’s application to the court for confirmation of the freezing order, Justice Afia Serwaa Asare Botwe dismissed the case.
Similarly, in June, another Accra High Court instructed the OSP not to proceed with executing an arrest warrant against former Presidential staffer Charles Bissue. The court not only restrained the OSP from applying for an additional arrest warrant but also prohibited the publication of notices declaring Mr. Bissue as wanted within the 10-day period of the interim injunction.
Further instances of dismissal included the case involving former Sanitation Minister Cecilia Dapaah. In August, the Financial and Economic Division of an Accra High Court directed the OSP to return all funds seized from the former minister and clarified that it could not confirm the freezing of her bank accounts and other properties.
Lastly, a High Court in Accra annulled a report by the OSP implicating two individuals in the Labianca case, Colonel Kwadwo Damoah and Joseph Adu Kyei.
The report accused them of misconduct in connection with favorable tax treatment granted to Labianca Company. However, the High Court ruled that the OSP had exceeded its authority in making adverse findings, and an order of prohibition was granted to prevent further investigation into Damoah and Kyei in connection with the Labianca case. The court also imposed costs of GHC 10,000 against the OSP.
The Office of the Special Prosecutor has hit hard at the judiciary, questioning recent decisions on cases filed by the office.
Kissi Agyebeng says the court's position is stifling the fight against corruption.
Special Prosecutor Kissi Agyebeng has made a shocking revelation about the current relationship between the Office of the Special Prosecutor (OSP) and the Judiciary.
In a press conference on Wednesday, November 29, Mr Agyebeng noted that after the Office adopted a policy that it would issue a media release after every major judicial pronouncement by informing the public our judges opinions on cases involving the OSP and stating the position of the Court on the opinion in question, as to whether the opinion progresses the fight against corruption or inhibits the fight against corruption, he has received phone calls expressing concern.
He noted that the calls revealed how some judges are likely to team up and throw out all cases involving the OSP before it due to the policy.
“I have had several calls from well-meaning lawyers admonishing me that they have heard talk that our friends who have been elevated to the bench and presiding over cases in court do not take very kindly to criticism, especially of the public calling out variety as we do and if the Office persists in the media releases, the judges will gang up against the office and throw out all our cases.”
The Special Prosecutor clarified that he has not launched an attack against the Judiciary.
My learning of the law for the past 25 years in three different jurisdictions, my teaching and training of lawyers and law students for the past 17 years, my 20 year record at the bar, all bear testimony that I will be the last person to head and lead an institution to attack the Judiciary.
He noted that any antagonism by any of the sides will “spell disastrous consequences for this republic, especially in the fight against corruption.”
Meanwhile, the Special Prosecutor noted that “those who applaud the policy of transparency see it for what it is—public information and the assurances of the position of the Office on the fight against corruption and nothing more.”
For Mr Kissi Agyebeng, a major pillar in the fight against corruption is transparency on the part of anti-corruption agencies.
Source: The Independent Ghana | Andy Ogbarmey-Tettey
Mr Agyebeng has highlighted a number of challenges facing the OSP. He also used the opportunity to refute claims that the OSP is attacking the judiciary.
The OSP is updating the public on its recent investigations into matters including corruption-related offences in government pay roll.
The High Court has once again rescheduled the hearing of the motion for confirmation of seizure & freezing orders and criminal case filed by the Office of the Special Prosecutor (OSP) against former Sanitation Minister, Cecilia Dapaah.
The motion will be heard on December 11, 2023, the OSP said in a post on X on Wednesday, November 29, 2023.
Case update
Cecilia Dapaah V OSP
Motion for confirmation of seizure & freezing orders and criminal case adjourned to 11 December 2023.
— Office of the Special Prosecutor-Ghana (@ospghana) November 29, 2023
The Office of the Special Prosecutor (OSP) on Monday, September 11, filed a motion at the High Court seeking confirmation of seizure and freezing orders of the financial assets of former Minister of Sanitation and Water Resources, Cecilia Dapaah.
A hearing was slated for October 18, 2023 but was adjourned November 8. That was also adjourned to November 29. Per reports from GNA, the trial Judge, Justice Edward Twum, was on leave and the case had to be adjourned once again.
The Cedi and Dollar bank accounts belonging to the former minister were frozen by the Office of the Special Prosecutor (OSP) on August 9, but the High Court in Accra on August 31, overturned the decision.
The court ordered that funds seized from the former minister be returned to her within seven days and also directed the OSP to unfreeze Cecilia Dapaah’s accounts.
The OSP subsequently invoked its powers to retake custody of the money, days after the High Court asked the office to return the seized money.
The Office of the Special Prosecutor (OSP) has instructed the management of the Tema Oil Refinery (TOR) to halt its planned partnership agreement with Tema Energy and Processing Limited.
In a letter dated November 21, 2023, and directed to TOR’s Managing Director, Daniel Osei Appiah, the OSP communicated its directive, “it has commenced an analysis of the risk of corruption in respect of the proposed partnership.”
As a result, the Office instructed TOR to provide all required supporting documentation for the proposed agreement by Tuesday, December 5, 2023, at the latest.
“You are directed to immediately suspend the proposed partnership agreement, ongoing negotiations, operations and all other ancillary activities arising out of and consequent upon the proposed partnership agreement until you are otherwise advised by the Special Prosecutor” portions of the letter said.
Find the letter below:
The Tema Oil Refinery (TOR) employees have been fighting back against five of their coworkers and two board members for allegedly registering an entity called the “TOR Workers’ Charity Fund” in order to secretly acquire shares in the TOR-Torentco deal without the consent of the more than 500 workers. It is unclear what has prompted the OSP to make this decision.
The disgruntled workers claim that the TOR Workers’ Charity Trust was purportedly established to assist Torentco Asset Management Limited (TAML), now rebranded as Tema Energy and Processing Limited (TEPL), in its role as the proposed lessee for the transaction.
According to the angered employees, the TOR Workers’ Charity Trust was officially registered on August 29 of this year. They allege that two Board Members, two management staff, two UNICOF executives, and one junior staff collaborated in registering the fund as part of a larger scheme to ensure the controversial TOR-Torentco deal moves forward.
Despite the Tema Oil Refinery’s capacity to process 45,000 barrels of oil per day, its operations have faced inconsistencies. The refinery has struggled with sustained losses over the years, grappling with management crises, political interference, and challenges posed by outdated equipment.
Office of the Special Prosecutor (OSP) has initiated an inquiry into suspected corruption surrounding the procurement procedures for the new headquarters of the Bank of Ghana in Accra.
This investigation was prompted by an official complaint filed by the Member of Parliament for Bawku Central on October 30, citing substantial irregularities in the procurement process for the project.
The complaint specifically points out a significant escalation in the project cost, soaring from USD 121,807,517.94 to USD 222,799,760.55, despite a relatively modest expansion in the scope of work.
In his formal grievance, the MP implicated the Bank’s Governor, Deputy Governors, the Board of Directors, and the project contractor, Goldkey Properties Ltd, as potential suspects in the alleged corrupt practices.
“I hereby make a formal complaint to your office to investigate what I believe to be a case of corruption in the procurement of the new headquarters building of the Bank of Ghana at Ridge in Accra. The suspects in this case include the Governor, Dr Ernest Addison and the Deputy Governors of the Bank of Ghana, namely: (1) Dr Ernest Addisson 1st Deputy Governor; Dr Maxwell Opoku Afari, 2nd Deputy Governor, Mrs ElsieAddo Awadzi.”
“The Members of the Board of Directors should also be investigated. The other suspect is the Chief Executive Officer of Messrs. Goldkey Properties Ltd, who are the contractors. The project consultants supervising the work should also be investigated.”
The MP emphasised the importance of a comprehensive investigation by the OSP to guarantee accountability and transparency in the project.
On Friday, November 17, officials from the OSP visited the MP to document his statement and gather additional details regarding the allegations.
The OSP is currently examining the complaint and the evidence provided by the MP, and its subsequent actions will be determined based on the findings of this review.
The Office of the Special Prosecutor (OSP) has initiated investigations into suspected corruption in the procurement process of the new Bank of Ghana headquarters in Accra.
The investigation was prompted by a formal petition from Bawku Central MP, Mahama Ayariga, who raised concerns about the substantial increase in project cost without approval from the Public Procurement Authority (PPA).
Mr Ayariga alleged the involvement of the Bank’s Governor, Deputy Governors, the Board of Directors, and the project contractor, Goldkey Properties Ltd, in suspected corruption activities.
“I hereby make a formal complaint to your office to investigate what I believe to be a case of corruption in the procurement of the new headquarters building of the Bank of Ghana at Ridge in Accra. The suspects in this case include the Governor Dr Ernest Addison and Deputy Governors of the Bank of Ghana, namely: (1) Dr Ernest Addisson 1st Deputy Governor, Dr Maxwell Opoku Afari, 2nd Deputy Governor, Mrs Elsie Addo Awadzi.”
“The Members of the Board of Directors should also be investigated. The other suspect is the Chief Executive Officer of Messrs. Goldkey Properties Ltd who are the contractors. The project consultants supervising the work should also be investigated.”
According to Mr Ayariga, he wrote to the BoG Governor for an explanation, and received a response in a letter dated 22nd August 2023 and referenced SF/GEN/7/2023/75, to the effect that “he is unable to provide me with the full details of the project design variation which has led to the price escalation for reasons of “National Security”.”
For the Bawku Central MP, “this refusal to explain the price escalation founds my suspicion of corruption in the procurement,” his petition to the OSP further read.
Meanwhile, the OSP staff has taken Mr Ayariga’s statement as part of the investigation, per credible information reaching The Independent Ghana.
The National Democratic Congress (NDC) has noted that it will take up another investigation into the alleged commission of corruption and corruption-related offenses involving former Deputy Finance Minister, Charles Adu Boahen, in Tiger Eye P.I.’s Galamsey Economy documentary.
The party’s decision to probe the matter comes after the Office of the Special Prosecutor (OSP) directed the closure of investigation in respect of allegations of corruption and corruption-related offences involving Charles Adu Boahen.
Undercover agents of Tiger Eye P.I., posing as businessmen who were interested in investing in Ghana, met with Mr. Adu Boahen and tabled their investment plans and proposals to him.
It was reported that sensing an opportunity to cash-in on his position as a Deputy Minister of Finance, Mr. Adu Boahen demanded twenty per cent (20%) of the value of the proposed initial investment or ten per cent (10%) upfront payment of the value of the proposed initial investment and post-investment sharing of the proceeds of the investment.
In its findings, the OSP found out that Mr. Adu Boahen politely accepted the cash gift in order not to offend the sensibility of a potential wealthy investor looking to invest half a billion United States dollars in Ghana.
According to the OSP, the indices point to the conclusion that Mr. Adu Boahen’s principal motivation was his own personal gain though he intimated to the supposed sheikh that he was driven by the potential developmental benefits to Ghana of the proposed investment.
The actions of Mr. Adu Boahen tantamount to trading in influence or influence peddling, the OSP said. This is the practice of using one’s influence or connections in public office or with persons in public office to obtain favours or preferential treatment for oneself or for another person, usually in return for payment.
These acts have not been specifically prohibited in our jurisdiction as crimes per se, the OSP noted.
“Though the conduct of Mr. Adu Boahen amounts to trading in influence or influence peddling, which is closely associated with corruption, there is no actual criminal prohibition of his acts in respect of which the OSP has a mandate to further act,” the report added.
As such, the OSP has closed its investigation and may only be re-opened should the circumstances and further facts so dictate.
In response to the report, the opposition NDC noted that the conclusion drawn by the OSP is “totally flawed and misconceived.”
The party in a statement signed by Communications Officer, Sammy Gyamfi, explained that Mr Adu Boahen’s conduct amounts to the offense of extortion as provided under section 247 of the Criminal and Other Offenses Act, 1960 (ACT 29)
“Explanation as to Extortion. A public officer commits extortion who, under colour of office, demands or obtains from a person, whether for public purposes or for personal gain, or for any other person money or valuable consideration which the public officer knows is not lawfully authorised or at a time at which the public officer knows is not lawfully authorized to demand or to obtain that money or valuable consideration,” the statement read.
According to the NDC, the OSP’s report “smacks of a coverup” and has the potential to dampen public confidence in the Office of Special Prosecutor if not reviewed immediately.
“The conduct of Charles Adu Boahen constitutes corruption of monumental proportions and must not go unpunished,” the statement added.
As a result, the NDC says “its next government shall institute criminal investigations into this matter with the objective of prosecuting all those found culpable.”
The National Democratic Congress (NDC) has condemned the report of the Office of Special Prosecutor (OSP) on investigations into the alleged commission of corruption and corruption-related offenses involving former Deputy Finance Minister, Charles Adu Boahen.
The Office of the Special Prosecutor (OSP) has accused former Minister of State for Finance, Charles Adu Boahen of influence peddling after its investigations into allegations of corruption and corruption-related offences were visually recorded by Tiger Eye P.I. as part of its Galamsey Economy documentary.
Undercover agents of Tiger Eye P.I., posing as businessmen who were interested in investing in Ghana, met with Mr. Adu Boahen and tabled their investment plans and proposals to him.
It was reported that sensing an opportunity to cash-in on his position as a Deputy Minister of Finance, Mr. Adu Boahen demanded twenty per cent (20%) of the value of the proposed initial investment or ten per cent (10%) upfront payment of the value of the proposed initial investment and post-investment sharing of the proceeds of the investment.
In its findings, the OSP found out that Mr. Adu Boahen politely accepted the cash gift in order not to offend the sensibility of a potential wealthy investor looking to invest half a billion United States dollars in Ghana.
According to the OSP, the indices point to the conclusion that Mr. Adu Boahen’s principal motivation was his own personal gain though he intimated to the supposed sheikh that he was driven by the potential developmental benefits to Ghana of the proposed investment.
The actions of Mr. Adu Boahen tantamount to trading in influence or influence peddling, the OSP said. This is the practice of using one’s influence or connections in public office or with persons in public office to obtain favours or preferential treatment for oneself or for another person, usually in return for payment.
These acts have not been specifically prohibited in our jurisdiction as crimes per se, the OSP noted.
“Though the conduct of Mr. Adu Boahen amounts to trading in influence or influence peddling, which is closely associated with corruption, there is no actual criminal prohibition of his acts in respect of which the OSP has a mandate to further act,” the report added.
In response to the report, the opposition NDC noted that the conclusion drawn by the OSP is “totally flawed and misconceived.”
The party in a statement signed by Communications Officer, Sammy Gyamfi, explained that Mr Adu Boahen’s conduct amounts to the offense of extortion as provided under section 247 of the Criminal and Other Offenses Act, 1960 (ACT 29)
“Explanation as to Extortion. A public officer commits extortion who, under colour of office, demands or obtains from a person, whether for public purposes or for personal gain, or for any other person money or valuable consideration which the public officer knows is not lawfully authorised or at a time at which the public officer knows is not lawfully authorized to demand or to obtain that money or valuable consideration,” the statement read.
According to the NDC, the OSP’s report “smacks of a coverup” and has the potential to dampen public confidence in the Office of Special Prosecutor if not reviewed immediately.
“The conduct of Charles Adu Boahen constitutes corruption of monumental proportions and must not go unpunished,” the statement added.
Meanwhile, the NDC has noted that its next government shall institute criminal investigations into this matter with the objective of prosecuting all those found culpable.
“Until then, we urge the Ghanaian public to treat this report with the contempt it deserves and demand a total reversal of this disappointing decision of the OSP,” the statement concluded.
Member of Parliament for Bawku Central, Mahama Ayariga, has petitioned the Office of the Special Prosecutor (OSP) to investigate the procurement of the new headquarters building of the Bank of Ghana (BoG) at Ridge in Accra.
The MP wants the following individuals to be probed over their suspected corruption and corruption-related offenses: BoG Governor, Dr Ernest Addison, and his two deputies; the Board of Directors; the Chief Executive Officer of Messrs. Goldkey Properties Ltd and the project consultants supervising the work.
In his petition dated October 30, Mr Ayariga accused the BoG Governor and his team of failing to justify the increase in price for the projects from USD121,807,8517.94 to USD222,799,760.55 (about 84%) when the scope of work rose by 36 percent.
“In spite of a written request to the Governor of the Bank of Ghana under the Right to Information Act, the Governor and his team have not been able to explain to me how there was a price escalation from USD121,807,8517.94 to USD222,799,760.55 (about 84%) when the scope of work increased from 73,000 square meters to about 107,737 square meters (36.9%).”
He noted that the Bank of Ghana had originally priced the project at USD100,857,924.48 for 73,000sq.m but got the project awarded to Messrs. Goldkey Properties Limited, in the same year, at a contract sum of USD121,807,8517.94.
A subsequent variation in the scope of work of about 36.9% saw a project cost escalation of 84%, which has resulted in the about 107,737 sq.m building project now costing USD222,799,760.55, he said.
According to Mr Ayariga, he wrote to the BoG Governor for an explanation, and received a response in a letter dated 22nd August 2023 and referenced SF/GEN/7/2023/75, to the effect that “he is unable to provide me with the full details of the project design variation which has led to the price escalation for reasons of “National Security”.”
For the Bawku Central MP, “this refusal to explain the price escalation founds my suspicion of corruption in the procurement.”
Mr Ayariga holds the assertion that the Office of Special Prosecutor has jurisdiction to investigate all cases of suspected “corruption and corruption-related offences” by public officers and private persons working with public officials under sections 2(a) and 79 of the Office of Special Prosecutor Act, 2017 (Act 959).
He therefore announced his willingness to testify “to all the facts I have come across in this matter and I believe your office will be able to obtain all the details of the variations of the project design and costing variations to arrive at a conclusion on this matter.”
“I count on you to carry out a thorough investigation of this matter and brief the Ghanaian people appropriately and where necessary to carry out prosecutions,” the petition concluded.
The Office of the Special Prosecutor (OSP) has released its investigative findings regarding suspected corruption and corruption-related offenses involving Charles Adu Boahen, a former Minister of State at the Ministry of Finance.
President Akufo-Addo on November 14, 2022 requested the OSP to investigate allegations of corruption and corruption-related offences involving Mr. Adu Boahen contained in an investigative documentary titled Galamsey Economy published by investigative journalist, Anas Aremeyaw Anas and his associates operating under the corporate name of Tiger Eye P.I.
Tiger Eye P.I. audio visually recorded Mr Adu Boahen in the act of his commission of corruption and corruption-related offences. Undercover agents of Tiger Eye P.I., posing as businessmen who were interested in investing in Ghana, met with Mr. Adu Boahen and tabled their investment plans and proposals to him.
It was reported that sensing an opportunity to cash-in on his position as a Deputy Minister of Finance, Mr. Adu Boahen demanded twenty per cent (20%) of the value of the proposed initial investment or ten per cent (10%) upfront payment of the value of the proposed initial investment and post-investment sharing of the proceeds of the investment.
Per the OSP, as part of its investigations, it found out that in 2019 in Accra, Ahmed Hussein Suale, an operative of Tiger Eye P.I., who was shot to death tabled a proposal that the Al Baraka Banking Group were interested in investing in Ghana, particularly in the banking sector.
According to the OSP in its recently published report, convincing Mr. Adu Boahen was not a straightforward matter.
“Initially, he was altogether unreceptive of the idea of meeting with the supposed representatives of the Al Baraka Banking Group. Subsequently, he softened his stance and he suggested a meeting in Accra. The undercover agents demurred. They insisted on a meeting in Dubai. Eventually, Mr. Adu Boahen agreed to meet with the supposed representatives of the Al Baraka Banking Group in Dubai by taking a brief detour to Dubai on his way to Singapore on official government business,” a portion of the report read.
A second meeting was held and there, a supposed wealthy sheikh expressed his desire of investing about half a billion United States dollars in Africa.
Mr. Adu Boahen, intending to assure the supposed sheikh of his political office, influence and connections, is said to have launched into his family history about his father, the relationship between the President and his father, his close ties to the President, which is akin to an uncle and nephew relationship, and his close affinity to the Vice President.
“The supposed sheikh picked up on Mr. Adu Boahen’s assurances of the comfort of his high political influence and connections, and he laid the cards of the whole purpose of the sting operation on the table by enquiring as to the percentage cut Mr. Adu Boahen would take in respect of the intended investment in the financial sector in Ghana,” the report added.
After a bit of hesitation, Mr. Adu Boahen, on his own volition, suggested twenty percent (20%) of the intended investment as his cut. Mr. Adu Boahen must have meant this percentage cut demand as a shot in the dark.
The report noted that “this is because he could not believe his immense good fortune and he could not hide his utter surprise as the supposed sheikh readily agreed to his suggestion. Indeed, Mr. Adu Boahen stated that he thought the sheikh would reject the suggested percentage cut as too pricey.”
The supposed sheikh offered Mr. Adu Boahen US$40,000.00 in cash as shopping money. The supposed sheikh placed the cash on a piece of furniture close to Mr. Adu Boahen, and he accepted and collected the cash with gratitude.
During the OSP’s investigation, Mr. Adu Boahen is said to have stated that he politely accepted the cash gift in order not to offend the sensibility of a potential wealthy investor looking to invest half a billion United States dollars in Ghana.
For the OSP, it was “improper” for Charles Adu Boahen to bargain for twenty percent of the value of the proposed investment and his receipt of a cash gift of US$40,000.00 from the supposed sheikh.
Also, “Mr. Adu Boahen exhibited lack of sound judgment.”
The OSP noted that his claim that he accepted the cash gift to avoid offending the supposed sheikh lies very thinly; and his suggestion of the payment of an appearance fee of US$200,000.00 to the Vice President was quite reckless – especially as the Vice President was unaware of the business he was conducting and had not tasked him to demand money of whatever description on his behalf.
According to the OSP, the indices point to the conclusion that Mr. Adu Boahen’s principal motivation was his own personal gain though he intimated to the supposed sheikh that he was driven by the potential developmental benefits to Ghana of the proposed investment.
The actions of Mr. Adu Boahen tantamount to trading in influence or influence peddling, the OSP said. This is the practice of using one’s influence or connections in public office or with persons in public office to obtain favours or preferential treatment for oneself or for another person, usually in return for payment.
These acts have not been specifically prohibited in our jurisdiction as crimes per se, the OSP noted.
“Though the conduct of Mr. Adu Boahen amounts to trading in influence or influence peddling, which is closely associated with corruption, there is no actual criminal prohibition of his acts in respect of which the OSP has a mandate to further act,” the report added.
As such, “the Special Prosecutor directs the closure, at this time, of the investigation in respect of allegations of corruption and corruption-related offences involving Charles Adu Boahen contained in the investigative documentary titled Galamsey Economy published by Tiger Eye P.I.”
The investigation may be re-opened should the circumstances and further facts so dictate.
The Office of the Special Prosecutor (OSP) has vindicated Vice President Dr Mahamudu Bawumia over his alleged involvement in a influence peddling claim in investigative documentary titled Galamsey Economy published by investigative journalist, Anas Aremeyaw Anas and his associates operating under the corporate name of Tiger Eye P.I.
In the documentary published in 2022, former Minister of State for Finance, Charles Adu Boahen, was accused of demanding an appearance fee of US$200,000.00 from one sheikh in order to see the Vice President.
As part of its investigations into the matter, the OSP confirmed that the former Minister of State for Finance did suggest the payment of an appearance fee.
However, in a report detailing its holistic investigation, the OSP noted that “the Vice President was unaware of the business he was conducting and had not tasked him to demand money of whatever description on his behalf.”
According to the OSP, Charles Adu Boahen’s claim that he accepted the cash gift to avoid offending the supposed sheikh lies very thinly; and his suggestion of the payment of an appearance fee of US$200,000.00 to the Vice President was “quite reckless.”
When news surrounding the appearance fee emerged in November last year, the Vice President in a Facebook post noted that he is “not aware of any such meeting held by Minister Adu Boahen or a supposed “appearance fee”.
According to Dr Bawumia, his most cherished asset in life is his integrity, thus, “I will not allow anyone to use my name to engage in corrupt activities.”
He called for the dismissal of Mr Charles Adu Boahen should he be found culpable of the allegations levelled against him.
“I would like to state that if what the minister is alleged to have said is accurately captured in the video, then his position as a minister of state is untenable. He should be dismissed summarily and investigated,” he wrote.
The actions of Mr. Adu Boahen, according to the OSP tantamount to trading in influence or influence peddling. This is the practice of using one’s influence or connections in public office or with persons in public office to obtain favours or preferential treatment for oneself or for another person, usually in return for payment.
These acts have not been specifically prohibited in our jurisdiction as crimes per se, the OSP noted.
“Though the conduct of Mr. Adu Boahen amounts to trading in influence or influence peddling, which is closely associated with corruption, there is no actual criminal prohibition of his acts in respect of which the OSP has a mandate to further act,” the report added.
As such, the Special Prosecutor has directed the closure, at this time, of the investigation in respect of allegations of corruption and corruption-related offences involving Charles Adu Boahen contained in the investigative documentary titled Galamsey Economy published by Tiger Eye P.I.
The investigation may be re-opened should the circumstances and further facts so dictate.
The Office of the Special Prosecutor (OSP) has directed the closure of investigation in respect of allegations of corruption and corruption-related offences involving former Minister of State for Finance, Charles Adu Boahen.
President Akufo-Addo on November 14, 2022 requested the OSP to investigate allegations of corruption and corruption-related offences involving Mr. Adu Boahen contained in an investigative documentary titled Galamsey Economy published by investigative journalist, Anas Aremeyaw Anas and his associates operating under the corporate name of Tiger Eye P.I.
Tiger Eye P.I. audio visually recorded Mr Adu Boahen in the act of his commission of corruption and corruption-related offences. Undercover agents of Tiger Eye P.I., posing as businessmen who were interested in investing in Ghana, met with Mr. Adu Boahen and tabled their investment plans and proposals to him.
It was reported that sensing an opportunity to cash-in on his position as a Deputy Minister of Finance, Mr. Adu Boahen demanded twenty per cent (20%) of the value of the proposed initial investment or ten per cent (10%) upfront payment of the value of the proposed initial investment and post-investment sharing of the proceeds of the investment.
Per the OSP, as part of its investigations, it found out that in 2019 in Accra, Ahmed Hussein Suale, an operative of Tiger Eye P.I., who was shot to death tabled a proposal that the Al Baraka Banking Group were interested in investing in Ghana, particularly in the banking sector.
According to the OSP in its recently published report, convincing Mr. Adu Boahen was not a straightforward matter.
“Initially, he was altogether unreceptive of the idea of meeting with the supposed representatives of the Al Baraka Banking Group. Subsequently, he softened his stance and he suggested a meeting in Accra. The undercover agents demurred. They insisted on a meeting in Dubai. Eventually, Mr. Adu Boahen agreed to meet with the supposed representatives of the Al Baraka Banking Group in Dubai by taking a brief detour to Dubai on his way to Singapore on official government business,” a portion of the report read.
A second meeting was held and there, a supposed wealthy sheikh expressed his desire of investing about half a billion United States dollars in Africa.
Mr. Adu Boahen, intending to assure the supposed sheikh of his political office, influence and connections, is said to have launched into his family history about his father, the relationship between the President and his father, his close ties to the President, which is akin to an uncle and nephew relationship, and his close affinity to the Vice President.
“The supposed sheikh picked up on Mr. Adu Boahen’s assurances of the comfort of his high political influence and connections, and he laid the cards of the whole purpose of the sting operation on the table by enquiring as to the percentage cut Mr. Adu Boahen would take in respect of the intended investment in the financial sector in Ghana,” the report added.
After a bit of hesitation, Mr. Adu Boahen, on his own volition, suggested twenty percent (20%) of the intended investment as his cut. Mr. Adu Boahen must have meant this percentage cut demand as a shot in the dark.
The report noted that “this is because he could not believe his immense good fortune and he could not hide his utter surprise as the supposed sheikh readily agreed to his suggestion. Indeed, Mr. Adu Boahen stated that he thought the sheikh would reject the suggested percentage cut as too pricey.”
The supposed sheikh offered Mr. Adu Boahen US$40,000.00 in cash as shopping money. The supposed sheikh placed the cash on a piece of furniture close to Mr. Adu Boahen, and he accepted and collected the cash with gratitude.
During the OSP’s investigation, Mr. Adu Boahen is said to have stated that he politely accepted the cash gift in order not to offend the sensibility of a potential wealthy investor looking to invest half a billion United States dollars in Ghana.
For the OSP, it was “improper” for Charles Adu Boahen to bargain for twenty percent of the value of the proposed investment and his receipt of a cash gift of US$40,000.00 from the supposed sheikh.
“Mr. Adu Boahen exhibited lack of sound judgment. His claim that he accepted the cash gift to avoid offending the supposed sheikh lies very thinly; and his suggestion of the payment of an appearance fee of Two Hundred Thousand United States dollars (US$200,000.00) to the Vice President was quite reckless – especially as the Vice President was unaware of the business he was conducting and had not tasked him to demand money of whatever description on his behalf,” the OSP added.
According to the OSP, the indices point to the conclusion that Mr. Adu Boahen’s principal motivation was his own personal gain though he intimated to the supposed sheikh that he was driven by the potential developmental benefits to Ghana of the proposed investment.
The actions of Mr. Adu Boahen tantamount to trading in influence or influence peddling, the OSP said. This is the practice of using one’s influence or connections in public office or with persons in public office to obtain favours or preferential treatment for oneself or for another person, usually in return for payment.
These acts have not been specifically prohibited in our jurisdiction as crimes per se, the OSP noted.
“Though the conduct of Mr. Adu Boahen amounts to trading in influence or influence peddling, which is closely associated with corruption, there is no actual criminal prohibition of his acts in respect of which the OSP has a mandate to further act,” the report added.
As such, “the Special Prosecutor directs the closure, at this time, of the investigation in respect of allegations of corruption and corruption-related offences involving Charles Adu Boahen contained in the investigative documentary titled Galamsey Economy published by Tiger Eye P.I.”
The investigation may be re-opened should the circumstances and further facts so dictate.
The Office of the Special Prosecutor (OSP) has met with officials of the Federal Bureau of Investigation (FBI) and the Department of Justice (DOJ) at their Washington, D.C. headquarters.
The purpose of the OSP’s visit to the FBI was to gain insights into their organizational structure, operations, and best practices, and enhance collaboration and capacity building.
The Special Prosecutor met with Jason Beachy, the Acting Assistant Director of the International Operations Division at the FBl and a host of unit chiefs.
During the visit to the Department of Justice (DOJ), the OSP was received by Arun G. Rao, Deputy Assistant Attorney General, and Richard Goldberg, Deputy Director of the Consumer Protection Branch (CPB) within the Justice Department’s Civil Division.
From left – Jason Beachy, the Acting Assistant Director of the International Operations Division at the FBI and Kissi Agyebeng, The Special Prosecutor of Ghana.
On October 11, the Office of the Special Prosecutor (OSP) announced that the Federal Bureau of Investigation (FBI) in the United States of America had initiated investigations into the activities of former Sanitation Minister Cecilia Abena Dapaah and her associates.
The OSP, in a post on ‘X’ formerly Twitter indicated that “these investigations primarily focus on examining their assets and financial transactions within the United States of America.”
According to the OSP, the collaborative effort is to ascertain the lawfulness of Ms Dapaah and her associates’ wealth, “both in the context of their funds transitioning from Ghana to the United States and vice versa.”
Ms Dapaah came into the limelight in July when it emerged that two of her house helps were before an Accra Circuit Court, for allegedly stealing monies and items, running into millions of Ghana cedis.
She subsequently resigned from her position on July 22, 2023, after intense calls from the public.
The Office of the Special Prosecutor (OSP) has refuted claims that it has withdrawn its request to the Chief Justice for the recusal and removal of his Lordship Justice Edward Twum from all cases pending before him involving the OSP.
On October 12, the OSP requested the Chief Justice, Gertrude Torkonoo to recuse and remove His Lordship Justice Edward Twum from all cases involving the Office pending before him due to the well-founded belief that Justice Edward Twum appears to be highly prejudiced against the OSP and the person of the Special Prosecutor.”
His Lordship Justice Edward Twum
“Consequently, as it stands, the OSP would not and cannot be reasonably expected to be parties to proceedings before the said judge,” a post from the OSP read.
A court granted a request from Cecilia Dapaah’s legal team to reschedule the confirmation hearing for an earlier date, rather than the initially set date of October 18, however, the OSP asserted that they could not have Justice Edward Twum preside over the request since they believed he displayed significant bias against the OSP and the Special Prosecutor personally.
In light of these concerns, the OSP decided that they cannot and should not be reasonably expected to participate in proceedings overseen by the aforementioned judge.
But on Wednesday, October 18, it was reported that the High Court has been informed by the OSP that the petition asking for a new judge for the Cecilia Dpaah case is still pending barely minutes after the judge stated that he had been notified that it had been withdrawn.
This claim has been rejected by the Office.
In a public notice, the OSP noted: “The Office of the Special Prosecutor (OSP), has not withdrawn its request to the Chief Justice for the recusal and removal of his Lordship Justice Edward Twum from all cases pending before him involving the OSP.”
“The public is urged to disregard all reports to the contrary,” the notice added.
The Office of the Special Prosecutor (OSP) commenced investigation in July 2023 in respect of suspected corruption and corruption-related offences regarding large amounts of money and other valuable items involving Ms. Cecilia Abena Dapaah, a former Minister for Sanitation and Water Resources.
The Special Prosecutor took measures, including issuing a freezing order in respect of the bank accounts and other financial assets of Ms. Dapaah to facilitate the investigation.
Subsequently, the investigation has eliminated five (5) of the bank accounts of Ms. Dapaah from suspicion of being tainted property.
On October 16, 2023, the Special Prosecutor revoked the freezing order in respect of the eliminated five (5) bank accounts of Ms. Dapaah. The freezing order is still in force and effect in respect of the other bank accounts and financial assets of Ms. Dapaah.
The Office of the Special Prosecutor (OSP) has updated the public on the current status of two of its cases against former Sanitation Minister, Cecilia Abena Dapaah via a notice on social media.
Republic V Cecilia Abena Dapaah (criminal case) CR/0006/2023
The case involves the refusal of Madam Dapaah to declare her property and income as demanded by the OSP. According to the Office, the case has been adjourned sine die (no definite date or period to resume) awaiting the Chief Justice’s directive.
OSP V Cecilia Dapaah & Daniel Osei Kuffuor (civil case) FT/0074/2023
This case entails the freezing and seizure orders by the Special Prosecutor of bank accounts and large sums of money from the home of Cecilia Dapaah.
The case has been adjourned indefinitely, pending guidance from the Chief Justice, the OSP noted.
The Office of the Special Prosecutor (OSP) commenced investigation in July 2023 in respect of suspected corruption and corruption-related offences regarding large amounts of money and other valuable items involving Ms. Cecilia Abena Dapaah, a former Minister for Sanitation and Water Resources.
The Special Prosecutor took measures, including issuing a freezing order in respect of the bank accounts and other financial assets of Ms. Dapaah to facilitate the investigation.
Subsequently, the investigation has eliminated five (5) of the bank accounts of Ms. Dapaah from suspicion of being tainted property.
On October 16, 2023, the Special Prosecutor revoked the freezing order in respect of the eliminated five (5) bank accounts of Ms. Dapaah. The freezing order is still in force and effect in respect of the other bank accounts and financial assets of Ms. Dapaah.
Meawhile, the Office of the Special Prosecutor (OSP), has refuted claims that it has withdrawn its request to the Chief Justice for the recusal and removal of his Lordship Justice Edward Twum from all cases pending before him involving the OSP.
“The public is urged to disregard all reports to the contrary,” the OSP added.
Lawyers representing Cecilia Dapaah have accused the Office of the Special Prosecutor of showing disrespect to the court in their handling of the petition to have Justice Edward Twum removed from the case.
On a scheduled court date, lawyers from the Office of the Special Prosecutor were absent on Thursday. Their absence was particularly notable as they were supposed to present an application for the confirmation of seizure and freezing orders, as well as initiate proceedings related to the charges of refusal to declare assets against Cecilia Dapaah.
The judge presiding over the case was left with no choice but to adjourn the proceedings to a later date, pending a response from the Chief Justice regarding the request to remove him from the case.
The request is grounded on the OSP’s well-founded belief that Justice Edward Twum appears to be highly prejudiced against the OSP and the person of the Special Prosecutor.
This development did not sit well with Cecilia Dapaah’s legal team, who expressed their disappointment in the Office of the Special Prosecutor for failing to notify them about the petition.
Victoria Barth indicated in court that “I am not aware of any law or rule of procedure that dispenses with the absence of a lawyer or prosecutor just because they have petitioned the Chief Justice in respect of a matter of which they have due notice and have even initiated.”
She insisted in court that the office of the special prosecutor has not treated the court with respect and fairness.
“As lawyers, we have an ethical duty to show respect to the court and to treat all persons we engage in the administration of justice fairly and that has not happened today. The OSP is not above the law,” Victoria Barth said in court.
They characterized the petition as a deliberate strategy aimed at obstructing the morning’s scheduled hearing for the confirmation application, and as an attempt to evade responsibility for their own flawed application.
Furthermore, the court was unable to proceed with the case against the former sanitation minister, who was charged with refusing to declare her assets. This was due to the absence of lawyers from the Office of the Special Prosecutor, which was a result of the ongoing petition to disqualify the judge from any of their cases.
Cecilia Dapaah’s legal representatives also raised concerns about the decision of the Office of the Special Prosecutor’s lawyers to abstain from court proceedings.
The Office of the Special Prosecutor (OSP) has requested the Chief Justice, Gertrude Torkonoo to recuse and remove His Lordship Justice Edward Twum from all cases involving the Office pending before him.
“The request is grounded on the OSP’s well-founded belief that Justice Edward Twum appears to be highly prejudiced against the OSP and the person of the Special Prosecutor.”
“Consequently, as it stands, the OSP would not and cannot be reasonably expected to be parties to proceedings before the said judge,” a post from the OSP on Thursday read.
His Lordship Justice Edward Twum
The OSP has requested the Chief Justice to recuse and remove His Lordship Justice Edward Twum from all cases involving the OSP pending before him.
The request is grounded on the OSP’s well-founded belief that Justice Edward Twum appears to be highly prejudiced against the OSP… pic.twitter.com/XV4pxoaUkq
— Office of the Special Prosecutor-Ghana (@ospghana) October 12, 2023
On Wednesday, a court granted a request from Cecilia Dapaah’s legal team to reschedule the confirmation hearing for an earlier date, rather than the initially set date of October 18.
However, the Office of the Special Prosecutor (OSP) asserted that they could not have Justice Edward Twum preside over the request since they believed he displayed significant bias against the OSP and the Special Prosecutor personally.
In light of these concerns, the OSP has decided that they cannot and should not be reasonably expected to participate in proceedings overseen by the aforementioned judge.
The Office of the Special Prosecutor (OSP) has requested the Chief Justice, Gertrude Torkonoo to recuse and remove His Lordship Justice Edward Twum from all cases involving the Office pending before him.
The request is grounded on the OSP’s well-founded belief that Justice Edward Twum appears to be highly prejudiced against the OSP and the person of the Special Prosecutor.
Justice Edward Twum
“Consequently, as it stands, the OSP would not and cannot be reasonably expected to be parties to proceedings before the said judge,” a post from the OSP on Thursday read.
The OSP has requested the Chief Justice to recuse and remove His Lordship Justice Edward Twum from all cases involving the OSP pending before him.
The request is grounded on the OSP’s well-founded belief that Justice Edward Twum appears to be highly prejudiced against the OSP… pic.twitter.com/XV4pxoaUkq
— Office of the Special Prosecutor-Ghana (@ospghana) October 12, 2023
On Wednesday, a court granted a request from Cecilia Dapaah’s legal team to reschedule the confirmation hearing for an earlier date, rather than the initially set date of October 18.
However, the Office of the Special Prosecutor (OSP) asserted that they could not have Justice Edward Twum preside over the request since they believed he displayed significant bias against the OSP and the Special Prosecutor personally.
In light of these concerns, the OSP has decided that they cannot and should not be reasonably expected to participate in proceedings overseen by the aforementioned judge.
The Office of the Special Prosecutor (OSP) has officially charged Cecilia Dapaah, the former Minister of Sanitation and Water Resources, for her failure to adhere to a directive from the office to declare her “property and income.”
As part of their ongoing investigations, the Office of the Special Prosecutor had requested that Cecilia Dapaah disclose information regarding her income and property.
Cecilia Dapaah is currently under investigation for alleged corruption and corruption-related offenses, including the suspected “tainted large cash sums reportedly stolen from her residential premises.”
The Office of the Special Prosecutor has recovered this large cash from her residence.
According to the Office of the Special Prosecutor, as outlined in a charge sheet signed by Kissi Agyebeng and filed on October 6, 2023, Cecilia Dapaah, without a lawful excuse, failed to comply within thirty (30) days with a notice to declare her property and income.
This notice was served on her by the Special Prosecutor on July 24, 2023, as stipulated in regulation 20(1) per Forms 1A and 1B of the First Schedule of the Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374), as specified in regulation 20(2) and Form 21 of the First Schedule of the Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374).
Consequently, the Office of the Special Prosecutor has formally charged the former minister with one count of failing to comply with a lawful demand of an authorised officer of the Office of the Special Prosecutor in the performance of his functions,” which contravenes “section 69(1)(a) of the Office of the Special Prosecutor Act, 2017 (Act 959).
Former Sanitation Minister Cecilia Abena Dapaah, who is facing legal challenges related to the freeze of her accounts and cash seizure, has submitted an injunction application against the Office of the Special Prosecutor (OSP).
This application is intended to prevent the OSP from prosecuting her until the case is resolved.
According to the court documents filed on Tuesday, October 10, Dapaah’s legal team argues that allowing the OSP to proceed with the prosecution could cause her irreparable harm.
They are urging the court to carefully consider the balance between her rights and the state’s efforts to combat corruption.
“This Court is enjoined to balance the economic right of the affected persons against the State’s power to fight corruption.”
“It is the Applicants’ considered view that they would suffer irreparable harm if the Respondent is not restrained pending the final determination of the substantive matter.”
Additionally, the former minister has denied allegations made by the Office of the Special Prosecutor (OSP) that she is involved in an undisclosed real estate business. She asserts that the OSP has not presented any evidence to support this claim.
The court document filed by the Office of the Special Prosecutor said Cecilia Abena Dapaah “was engaged in undisclosed and undeclared real estate business in which she obscured and concealed the transactions by employing the use of aliases to avoid detection of the actual ownership of the business and properties, while cleverly receiving proceeds of the transactions in her bank account and investments.”
The Office of the Special Prosecutor (OSP) is making efforts to ascertain the seizure of properties suspected to be linked to Madam Dapaah. However, it has alleged that Madam Dapaah did not declare her income and property as required by the OSP Act.
According to the statement of offense filed at the High Court on Friday, October 6, Cecilia Dapaah failed to comply with a notice to declare her property, which was served on Monday, July 24. This failure to declare within the stipulated 30-day period, as outlined in the OSP Act, is considered a contravention of the law, and the OSP is seeking legal action as a result.
“Cecilia Abena Dapaah, 68 years, 25 August 2023, in Accra in the Greater Accra Region of the Republic of Ghana and within the jurisdiction of this Court, being a suspect under investigation for corruption and corruption-related offences including using public office for profit in respect of suspected tainted large cash sums reportedly stolen from your residential premises and also retrieved from same by the Office of the Special Prosecutor, without lawful excuse, failed, within 30 days, to comply with a notice to declare your property and income served on you by the Special Prosecutor on 24 July 2023 under regulation 20(1) per Forms 1A and 1B of the First Schedule of the Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374) as specified in regulation 20(2) and Form 21 of the First Schedule of the Ofice of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374).”
TheOffice of the Special Prosecutor (OSP) has summoned a former MP for Obuasi East, Edward Michael Enninover, who alleged that New Patriotic Party members purchased government houses priced at a million dollars, between US$300,000 and US$400,000.
This revelation was made by Edward Michael Ennin during a media engagement in Kumasi on October 5, 2023.
It will be recalled that the former MP alleged during an interview with Kumasi-based Akoma FM that government houses, which are supposed to be sold for a million dollars, are being bought by some party members in the range of $300k to $400k, adding that he had documents to validate his claims.
He said, “Recently, government houses cost US$1 million; haven’t people purchased the same for 300,000 and 400,000 USD? I know people who bought some and I have receipts to that effect and can pinpoint the ministry involved,” he disclosed.
He made these remarks after NPP presidential aspirant Kennedy Agyapong,in a viral video, alleged that the ruling party is looting money “as if there’s no tomorrow”.
Speaking to the media regarding his allegations, he disclosed that the Office of the Special Prosecutor (OSP) has issued a summons for him.
This summons is aimed at delving deeper into the evidence he asserts he possesses.
Displaying a strong sense of confidence and an unwavering commitment to collaborating with the investigation,he highlighted the importance of the OSP conducting private inquiries before his official summons.
He further stated that he would make himself available for the investigation in the upcoming weeks.
He asserted, “Just as I am speaking to you, theOffice of Special Prosecutor has invited me a few hours after disclosing the media. Let me also say that I would not want to make further comments on the scandal until I honour the invitation.
“I am not scared to help the office since I am going to tell them what I know for now but I think they could have done themselves well by instituting an investigation into the issue before inviting me and getting their information.”
He, however, assured the media that he would make the day of the invitation to appear before the Office of the Special Prosecutor open to the media, as well as the outcome of the discussions.
Former Sanitation Minister Cecilia Dapaah has refuted allegations made by the Office of the Special Prosecutor (OSP) that she possesses and runs an undisclosed real estate enterprise.
In a press statement issued by the former Minister’s Personal Assistant, Kofi Mensah Asare, it was asserted that these allegations are baseless and inaccurate, and they have the potential to generate public discontent within the family.
He urged the OSP to refrain from engaging in what he referred to as “trial by public opinion,” which he believes can lead to prejudiced judgments in the court.
“Madam Cecilia Abena Dapaah has never owned a real estate business. She bought a Social Security and National Insurance Trust (SSNIT) apartment at Kpone affordable housing scheme for her late mother and later decided to sell it off. How that translates to her owning a real estate business beats human imagination,” Mr Mensah stated.
This comes after the OSP alleged that Cecilia Abena Dapaah “was engaged in undisclosed and undeclared real estate business in which she obscured and concealed the transactions by employing the use of aliases to avoid detection of the actual ownership of the business and properties, while cleverly receiving proceeds of the transactions in her bank account and investments.”
Recently, the OSP confiscated a substantial amount of cash from the former Minister and initiated the freezing of specific bank accounts connected to transactions exceeding ¢40 million.
However, an Accra High Court declined to validate the seizures and the freezing order, instructing the OSP to return the seized funds to Cecilia Dapaah, a directive that was complied with. Nevertheless, the Special Prosecutor has returned to court to seek validation for the seizures.
Furthermore, allegations have been raised against Madam Cecilia Dappah, including claims that an account linked to her deceased brother continued to transfer funds to her accounts. Her personal assistant has refuted all these allegations, providing explanations for why the Special Prosecutor’s claims are inaccurate.
Regarding the bank account of Cecilia Dapaah’s deceased brother, Mr. Mensah clarified that the account was established to receive donations during the funeral proceedings. Following the funeral, the donations were utilized to establish the account, with both Madam Cecilia Dapaah and her elder sister, Madam Alice Dapaah, serving as signatories to the account.
“Does that warrant a headline that her late brother is signing cheques and sending her money?” he quizzed.
Mr Mensah Asare also stated that claims that Madam Dapaah had money hidden in obscure places in her house with some concealed in wraps and clothes, is a figment of the OSP’s imagination.
“Has the OSP forgotten that the husband of Madam Cecilia Dapaah constantly receives cash from people whose building projects he supervises?
“The public is advised to treat the publications and allegations with the contempt they deserve, The OSP is advised to desist from its fiendish delight in trial by the press,” he stressed.
The Office of the Special Prosecutor (OSP) revealed in an Accra High Court how former sanitation minister Cecilia Dapaah claimed ownership of two skincare companies registered under different names.
Additionally, the OSP’s court files, made public on September 19, 2023, indicated that one of the companies was registered using the minister’s address.
Cecilia Dapaah clarified that the over 2.8 million Ghana cedis found at her residence by the OSP during a search comprised earnings from her business, government-appointed sitting allowances, and funeral donations.
Details about the two companies:
The business in question is Dermacare Cosmetics, which she allegedly owned. However, upon investigation by the OSP, it was discovered that the company had been registered in the name of another individual.
Additionally, another entity called Dermacare Enterprise was registered in Dapaah’s name and shared the same address as the minister. Nevertheless, ownership of this second company also belonged to a different person.
Cecilia Dapaah claimed that some of the money came from the sale of the Dermacare Cosmetics business in 2003. However, the OSP noted that these funds were in new currencies introduced in 2007, four years after the purported sale.
Further investigation revealed that Dermacare Cosmetics was registered in 2018.
New court documents from the Office of the Special Prosecutor (OSP) have brought to light that a bank account associated with the deceased brother of Cecilia Dapaah has been actively transferring funds to the former Sanitation Minister.
This development marks the latest effort by the OSP to confirm the seizure of suspected illicit assets linked to Madam Dapaah.
In a recent incident, the OSP seized a substantial amount of cash from the former Minister and imposed a freeze on certain bank accounts with transactions totaling over GH¢40 million.
An Accra High Court initially declined to confirm the seizures and freezing order, instructing the OSP to return the funds to Cecilia Dapaah, which the Special Prosecutor duly complied with. However, the OSP has returned to court, seeking confirmation of the seizure.
Exclusive documents obtained by media and subsequently submitted to the court by the Office of the Special Prosecutor indicate that the former Minister allegedly possesses millions of cedis for which she has been unable to substantiate the source.
Additionally, these filings contain fresh allegations that an account linked to the deceased brother of the former Minister continues to transfer funds to Cecilia Dapaah’s accounts.
“Analysis of the statements in the first respondent’s (Cecilia Dapaah) bank account revealed highly suspicious transactions involving the name of the first respondent’s deceased brother – Nana Akwasi Essan.
“The said Nana Akwasi Essan died in January 2022 and there is no record domiciled at the financial institutions of probate or letters of administration granted to personal representatives).
“Strangely, there are active transfers from the deceased person’s bank account to that of the first respondent’s account”, the filing alleges.
The OSP continue to allege that “as recently as September 19, 2022, and May 23, amounts of GH¢10,450 and GH¢11,280 respectively were transferred, supposedly by the deceased brother to the first respondent (Cecilia Dapaah).”
Meanwhile, the High Court is scheduled to review the case on October 18, 2023, as the Special Prosecutor makes another endeavor to secure confirmation for the seized funds and the freezing of the bank accounts.
Special Prosecutor Kissi Agyebeng has submitted a motion for the confirmation of seizure and freezing orders pertaining to the “tainted properties” associated with the embattled former Sanitation Minister, Cecilia Abena Dapaah.
The hearing for this matter is scheduled for October 18.
On August 31, the Financial and Economic Division of an Accra High Court issued an order directing the Office of the Special Prosecutor to return all seized funds from Cecilia Dapaah within seven days.
Additionally, the Court ruled that it was unable to confirm the freezing of her bank accounts and other assets.
It’s important to note that Cecilia Abena Dapaah had contested the OSP’s application to freeze her accounts and seize her properties.
It followed the OSP’s filing of a motion for confirmation of the order of freezing and seizure of the former Minister’s tainted property.
The OSP said to facilitate investigations, it considered it necessary for the issuance of a “freezing order against the bank account and investment of the former Minister at Prudential Bank Limited and Societe General Ghana in accordance with Section 38 (1) of Act 959 and regulation 19 (I) of LI 2374”.
Subsequently, the OSP conducted searches in three residential properties associated with the former Minister at Cantonment, Abelemkpe and Tesano all in Accra.
The Office of the Special Prosecutor (OSP) expressed its disagreement with the high court’s decision to reject the application for the seizure and freezing orders concerning Cecilia Dapaah’s assets.
The high court’s refusal was based on several grounds, including the application being filed outside the stipulated time frame. Additionally, the OSP was criticized for not disclosing transaction details in the accounts and for implementing the freezing order based on public sentiments without a proper investigation.
As a result, the Financial and Economic Division of the Accra High Court has instructed the OSP to return all seized funds from Cecilia Dapaah, with a stipulated compliance period of seven days. The court also clarified that it could not confirm the freezing of her bank accounts and other properties.
In response, the OSP, while respecting the court’s decision, issued a statement expressing disagreement with the court’s conclusion, deeming it erroneous.
