The former Secretary to the Inter-Ministerial Committee on Illegal Mining (IMCIM), Charles Bissue, has been declared wanted by the Office of the Special Prosecutor.
This declaration comes after Mr Bissue failed to comply with an invitation from the Special Prosecutor to appear and provide answers pertaining to the ongoing investigation into suspected corruption within the dissolved IMCIM.
In response to the investigation led by the Special Prosecutor into alleged corruption involving Prof. Kwabena Frimpong Boateng, the Chairman of the IMCIM, Mr. Bissue took legal action by filing a writ at the High Court in Accra. His objective was to prevent the Office of the Special Prosecutor (OSP) from prosecuting him.
Within the writ, Mr. Bissue revealed that he had received a letter from the Office of the Special Prosecutor, which deemed his presence necessary for the investigation and requested an interview with him.
Back in December 2022, Mr. Bissue initiated legal proceedings by issuing a Writ of Summons and Statement of Claim against the OSP and two others after the OSP announced in its Half-Yearly Report that it had concluded investigations into corruption allegations made by Tiger Eye P.I. and Anas against Mr. Bissue.
In January 2023, Mr. Bissue amended the writ and subsequently filed an injunction to restrain the OSP from further investigating and prosecuting him. The Office of the Special Prosecutor was granted permission to file its statement of case in opposition to the Motion.
However, despite several adjournments in the proceedings, Mr. Bissue has not taken any action on the injunction application.
The Office of the Special Prosecutor considers Mr. Bissue’s failure to honor the invitation as a significant hindrance to the investigation and has declared him wanted.
Political Scientist and lecturer at the University of Ghana, Professor Ransford Gyampo, has criticised the work of the Office of the Special Prosecutor (OSP) over its investigations into corruption and corruption-related activities on illegal mining.
Over the weekend, Special Prosecutor Kissi Agyebeng, noted that the OSP cannot treat any individual accused of engaged in corrupt activities as saints as it would derail its fight against corruption.
He explained that “in consecrating your saint and heroes, mind you, I am your conscience, I’m the spirit of the nation and the office stands for that.
“In the estimation of the office, there are no saints, there are no heroes. Now if I approach this job of fighting corruption, that there are some persons in the society who have attained the status of sainthood, we will lose the fight against corruption,” he told Samson Lardi Anyenini, host of JoyNews’ Newsfile last Saturday.
In response, Professor Gyampo in a Facebook post today noted that Mr Kissi Agyebeng’s comments are not founded in law as it is the principle that “all are innocent or ‘consecrated saints’ until proven guilty.”
“So, where from this new alien legal maxim being propounded and must we allow Kissi Agyabeng to impose it on us as a people?” he therefore quizzed.
The Newsfile show mostly centered on the recent arrest of Professor Frimpong Boateng, the former Chair of Inter-Ministerial Committee on Illegal Mining (IMCIM) and former Environment Minister and the work of the OSP in capturing individuals engaged in galamsey, also known as illegal mining.
The lecturer also took a swipe at the Special Prosecutor for noting that despite the good works of Professor Frimpong-Boateng, he was apprehended in a manner that is not befitting, particularly when no charge was levelled against him.
The Special Prosecutor said “I respect the credentials of the Professor, and I doff my hat to him. You know me very well and I am an academician as well so I respect such people on all scores.”
“I mean the CV is unbelievable, I respect that and I applaud him for that but I have a charge to keep. The charge I have to keep is to the Republic of Ghana and to the public,” he added.
In reaction, Prof Gyampo stated “Even though he admits and applauds the achievements and contributions of Prof Frimpong Boateng to Ghana, some of his comments surreptitiously rubbish such heroic contributions. We must guillotine this attitude of ingratitude and prevent it from festering, or else no one will die for Ghana like the Special Prosecutor wants us to believe he’s currently doing, but which I honestly doubt.”
Find the full statement by Prof Ransford Gyampo below:
I have been pondering over the responses of the Special Prosecutor on Newsfile over the weekend. Though I initially thought the interview brought out some useful information, reflecting on the responses again in more sobriety, makes me a bit worried. Kissi Agyabeng says he doesn’t consecrate saints, and that he is the conscience and soul of Ghana. Not consecrating saints can be interpreted to mean every suspect is a criminal ab initio. But in his own law that he studied, there is a principle that all are innocent or “consecrated saints” until proven guilty. So, where from this new alien legal maxim being propounded and must we allow Kissi Agyabeng to impose it on us as a people?
Even though he admits and applauds the achievements and contributions of Prof Frimpong Boateng to Ghana, some of his comments surreptitiously rubbish such heroic contributions. We must guillotine this attitude of ingratitude and prevent it from festering, or else no one will die for Ghana like the Special Prosecutor wants us to believe he’s currently doing, but which I honestly doubt.
Kissi’s claim that he, an individual, and a mortal human being, who isn’t a saint himself, is the conscience and soul of Ghana, sounds religiously and politically blasphemous and problematic, as he suddenly attempts to play God in Ghana. Per his own enabling act, he walks in the shadows of the Attorney General who is a partisan appointee. He can be directed and dictated to, by the Attorney General in the conduct of his work.
Such a dependent Special Prosecutor, cannot arrogate to himself the role of an Independent Public Prosecutor. You cannot walk in the shadows of a partisan appointee and still describe yourself as the conscience and soul of the nation. Even the Citizen Vigilante, Martin Amidu, in spite of all that he did prior to his appointment and during his appointment as Special Prosecutor, never described himself as the conscience and soul of the nation.
It may be possible for someone or an institution to emerge one day, as the soul and conscience of the nation. But even if this may be possible, trust for such institutions created by partisan executive presidents in Ghana can only be built over time, not at once, as aptly argued by Kofi Bentil on Newsfile over the weekend.
If politicians have succeeded in bastardising and making even constitutionally created independent institutions nearly dependent, even to the point of ordering their staff to submit their CVs to them for scrutiny, then Kissi Agyabeng cannot force Ghanaians to trust him all of a sudden as being independent.
Back in school, he wasn’t a tough person. But of course, he may have built his psyche and grown to become a strong-willed person over the years, and this may be a positive attribute required to head the office he occupies. But granted this, mere talk, and display of a certain body language (that I do not want to describe as arrogance), cannot suddenly force all Ghanaians to believe that the Special Prosecutor is independent.
Let him truly go after all who are culpable in this galamsey menace; let him look into the faces of his friends and political appointees and refuse to favour them in his quest to help the fight against galamsey; and let him do these over a period of time, and he will surely win the hearts of all Ghanaians.
Yaw Gyampo A31, Prabiw PAV Ansah Street Saltpond & Suro Nipa House Kubease Larteh-Akuapim
Special Prosecutor Kissi Agyebeng has reacted to concerns over the timing of the arrest of former Chairman of the Inter-Ministerial Committee on Illegal Mining (IMCIM), Prof Frimpong-Boateng.
For some citizens, the Prof Frimpong-Boateng’s arrest raises an eyebrow as he was apprehended in about a month after his reports on the work of the IMCIM surfaced.
Speaking on JoyNews’ Newsfile on Saturday, June 10, the Special Prosecutor noted that there was no malice, describing the incident as a “luck-less coincidence.”
“What time is the right time for me to direct the head of this dissolved committee to attend to us to answer questions? What time is the best time? I would say that this is a luck-less coincidence,” he said.
Prof Frimpong-Boateng was invited by the OSP on May 16 as “a person necessary for the investigations” into suspected corruption and corruption-related offences in respect of the activities and expenditure of the dissolved IMCIM.”
He willingly honoured the invitation, however, events that ensued meant that Prof Frimpong-Boateng was a suspect. He was cautioned and granted bail, for which he says a friend had to stand surety, and officers of the OSP had to follow the friend to verify his residence.
Reacting to this, Mr Agyebeng said everyone a complaint has been made against with regard to the dissolved Inter-Ministerial Committee of Illegal Mining will be made to show up at the Office of the Special Prosecutor.
He added that all members of the erstwhile IMCIM are subjects of the ongoing investigations into corruption and corruption-related offences relative to galamsey.
According to Mr Agyebeng, the committee has long been under investigation by the OSP following accusations and counter-accusations of suspected corruption.
He went on to say that the information of the arrest and bail of the former Minister wouldn’t be in the public domain if Prof Boateng hadn’t made it so.
“Had the Professor not come out to grant interviews, you wouldn’t have known that he has come to us weeks ago. Since I become Special Prosecutor in August 2021, I don’t put out these things unless you give me cause. For instance, we’ve directed you to show up and you are not showing up, I will declare you a wanted person,” he said.
Meanwhile, Mr Kissi Agyebeng has indicated that it does not deem any person sacred enough to excuse them from interrogations or investigations relating to corruption and corruption-related offences.
According to Special Prosecutor Kissi Agyebeng, regardless of the fact that the public may perceive a person to be upright in their dealings, the OSP, as far as it is concerned, does not consider any person to be an angel or a saint, and therefore can be subjected to investigation until proven innocent or otherwise.
No individual in government will be able to disrupt the work of the Office of the Special Prosecutor, Special Prosecutor Kissi Agyebeng has said.
Speaking on JoyNews on Saturday in an interview monitored by The Independent Ghana, the Special Prosecutor specifically noted that the President and the Attorney-General “would not dare” to impede his work.
However, Mr Kissi Agyebeng indicated that what he fears most is the interference by traditional authorities including Chiefs and spiritual leaders such as pastors.
According to Mr Agyebeng, he is a traditional man as such is cautious since he would not be able to decline a summon by traditional authorities.
The Special Prosecutor assured of his commitment to investigate any individual irrespective of their calibre should they be accused of engaging in corruption or corruption-related activities.
Mr Kissi Agyebeng in his recent interview was speaking about the OSP’s recent arrest of former Environment Minister, Professor Frimpong-Boateng over some discrepancies in the work of the defunct Inter-Ministerial Committee on Illegal Mining (IMCIM).
Despite holding Professor Frimpong-Boateng in high esteem, the Special Prosecutor noted that he had to be brought in as the committee “has much to account for” during its operating period up until 2020.
Special Prosecutor, Kissi Agyebeng, has stated categorically that every individual who formed part of the Inter-Ministerial Committee on Illegal Mining (IMCIM) is a target in the OSP’s investigations into corrupt and corruption-related activities.
Mr Kissi Agyebeng made this known in an interview on JoyNews on Saturday monitored by The Independent Ghana following the arrest of the defunct-IMCIM’s Chair, Professor Frimpong-Boateng. Per reports, some amount of GHS350 spent by the committee is yet to be accounted for.
According to former Environment Minister, Prof Frimpong-Boateng, he feels victimized.
Among the ministries which formed the Committee are Environment, Science, Technology and Innovation (MESTI), Lands and Natural Resources (MLNR), Local Government and Rural Development (MLGRD), Chieftaincy & Religious Affairs, Regional Re-Organisation and Development, Monitoring and Evaluation, Water and Sanitation, Interior, Defense and Information.
Among the tasks of the Committee was to sanitise and regularise small-scale mining activities in the various mining districts to ensure that miners work within legal framework.
The committee’s mandate was brought to an end by President Akufo-Addo due to its ineffectiveness. Per reports, some excavators seized by the committee are also unaccounted for.
According to Mr Kissi Agyebeng, the committee “can’t account for so many things.” He however clarified that he holds no personal case against Professor Boateng and is working per his mandate.
In his recent report on the work of the IMCIM, Prof Frimpong-Boateng accused some members of the Committee of sabotaging its work to check illegal mining also known as galamsey.
“Apart from the Ministers for Sanitation and Local Government and Rural Development, all the others abandoned the Committee,” he stated in the report, said to have been submitted on March 19, 2021.
“To make matters worse, the Chairman was personally attacked, vilified and framed for things he had not done.
“Such assaults came from many people, including some of the ministers who effectively left the committee.”
He cited Information Minister, Kojo Oppong-Nkrumah, and then Senior Minister, Yaw Osafo Mafo, as among the ministers who deliberately worked against the committee.
Meanwhile, the Special Prosecutor has noted that to prevent reputations from being damaged, the OSP will only bring out names should it have gathered sufficient evidence against an individual.
According to Mr Kissi Agyebeng, the Office of the Special Prosecutor has investigated tens of people and is likely to see the number run into the hundreds.
Horace Ekow Ewusi, the former 1st Vice-Chairman of the New Patriotic Party (NPP) in the Central Region, and Seth Mantey, a journalist with Peace FM, were both arrested and questioned as part of the ongoing probe.
On the other hand, the Special Prosecutor has shot down claims that the OSP is operating in a military style. According to him, the OSP will however step up should individuals fail to honour its invitation in its investigations.
Special Prosecutor, Kissi Agyebeng, has indicated his outfit has brought in tens of people for its investigations into corruption and corruption-related activities with regard to illegal mining also known as galamsey.
In an interview with JoyNews on Saturday monitored by The Independent Ghana, Mr Kissi Agyebeng noted that since galamsey is happening in significant parts of the country, the Office of the Special Prosecutor (OSP) will likely probe hundreds of people.
In its investigations over illegal mining, the OSP has brought in former Environment Minister, Professor Frimpong-Boateng, who is being accused of being unable to account for some money spent by defunct- IMCIM.
His apprehension and subsequent release on bail did not sit well with some individuals including University of Ghana lecturer, Professor Gyampo, who says Prof Frimpong-Boateng was arrested without a charge.
Also, Horace Ekow Ewusi, the former 1st Vice-Chairman of the New Patriotic Party (NPP) in the Central Region, and Seth Mantey, a journalist with Peace FM, were both arrested and questioned as part of the ongoing probe.
According to Mr Kissi Agyebeng, he does not have the luxury of treating people accused of engaging in unlawful acts as saints.
Currently, persons directed to come to the OSP as part of investigations are considered suspects, the Special Prosecutor said.
The former chairman of the Inter-Ministerial Committee on Illegal Mining (IMCIM), Prof Kwabena Frimpong-Boateng, was detained for his involvement in the committee’s work.
On May 16, per reports, Professor Frimpong was informed of his arrest during interrogation with officers at the Office of the Special Prosecutor (OSP).
The arrest centres on alleged ¢320 million spent by the Committee but yet to be accounted for.
IMCIM was established government to clamp down on illegal small mining also known as galamsey which was causing havoc to the country’s water resources and lands.
JoyNews sources say he is to account for drones and other equipment bought to be used for the fight against galamsey.
He is on a ¢5 million bail.
Last month, the OSP invitedProf Kwabena Frimpong-Boateng over alleged corruption in the activities of the defunct IMCIM.
The renowned surgeon was invited as “a person necessary for investigations” into the allegations and was expected to assist the Office investigate the claims.
In January 2021, President, Nana Addo Dankwa Akufo-Addo dissolved the Committee on Illegal Mining which
The President’s decision was to move the fight against illegal mining from the Ministry of Science, Technology and Innovation to the Lands and Natural Resources Ministry.
The lawyer representing Charles Bissue, the former Secretary to the Inter Ministerial Committee on Illegal Mining, has accused the Special Prosecutor of practicing selective justice.
The lawyer, Nana Agyei Baffour Awuah Esq., claims that the Special Prosecutor has failed to probe investigative journalist Anas Aremeyaw Anas regarding allegations made in the 2019 Galamsey Fraud Part 1 documentary.
According to Nana Agyei Baffour Awuah Esq., when Charles Bissue was invited for investigation by the Office of the Special Prosecutor (OSP), they requested to see the petition that prompted the investigation. However, the OSP has refused to fulfill this request.
The lawyer finds it perplexing that the Special Prosecutor is investigating Charles Bissue without involving Anas Aremeyaw Anas, who was responsible for airing the documentary. Nana Agyei Baffour Awuah Esq. views this as an irrational approach.
“Mr Martin Amidu, the former Special Prosecutor wrote an article and stated in there that apparently the Special Prosecutor Mr Kissi Adjabeng is the one who wrote the petition invoking the powers of the Special Prosecutor, and indeed he was also investigating Anas while he was in office in respect of this matter.
“And so, it is the current Special Prosecutor who then has decided not to investigate Anas in this matter. That then raised some curiosity necessitating the instant application to bring to the court’s attention to the effect that indeed it would be irrational for the Special Prosecutor to continue with its investigation and or prosecution of Mr Charles Bissue,” he said.
He indicated that the Special Prosecutor has on two occasions refused to provide the court with the petition that Anas Aremeyaw Anas filed invoking the powers of the OSP to investigate and prosecute Mr Bissue.
“Prior to the filing of this suit, we made a request for the petition that necessitated the investigation. On two occasions, we’ve made that request and the Special Prosecutor has refused to make that petition available to us.
“We thought that they were all leading to a certain conclusion or they were suggestive,” he argued.
The case has been adjourned to June 12, 2023 for the hearing of the motion for discovery, and the substantive suit which is seeking to restrain the OSP from investigating and prosecuting Mr Charles Bissue.
The leadership of the National Democratic Congress (NDC) in the Ashanti Region has said that it will meet with the defeated Parliamentary aspirant forEjura-Sekyedumase who was captured in a viral video showering cash during the party’s parliamentary and presidential primaries.
Even before the invitation from the party, the former aspirant, Juliana Kinang -Wassan had been summoned to appear before the office of the Special Prosecutor to answer some questions.
Citi News has learned that the meeting by the party’s leadership with the former aspirant will seek to point out what the constitution of the party says about her conduct.
Madam Kinang-Wassan was seen in a widely circulated video raining cash on delegates, party supporters, and bystanders upon arrival at the voting centre at Ejuraon Saturday.
Her conduct caused a major stir at the voting centre with voters abandoning voting booths to grab a note from the MP aspirant.
The notes ranged from as low as 5 Ghana cedis to as high as GH¢100 notes.
Her conduct has been severely condemned by a section of the public with some calling on her to be sanctioned by the party.
The Office of the Special Prosecutor(OSP) has received the United States’ Assistant Secretary for International Narcotics and Law Enforcement Affairs, Todd D. Robinson.
He arrived in Ghana on Tuesday, May 9.
He had a series of discussions with Special Prosecutor Kissi Agyebengat the office of the Special Prosecutor in Accra.
The discussions centred on cooperation and shared commitment on detecting and deterring corruption.
Assistant Secretary for International Narcotics and Law Enforcement Affairs of the US, Todd D. Robinson, has paid a working visit to the OSP.
Discussions with the SP, Kissi Agyebeng, centred on cooperation and shared commitment on detecting and deterring corruption. pic.twitter.com/hZdgOYevYS
— Office of the Special Prosecutor-Ghana (@ospghana) May 9, 2023
Four witnesses involved in the case between the state and the chairman of the Juaben NPP constituency, Alexander Sarfo-Kantanka, has so far been cross-examined by the Ashanti Region High Court in Kumasi.
This is according to the Special Prosecutor’s office.
AlexanderSarfo-Kantanka is accused of 26 counts of corruption for allegedly paying bribes to assembly members in the area in order to gain approval as Municipal Chief Executive for Juaben.
The assembly members, however, rejected him.
Following the Prosecution’s cross-examination, the court adjourned the case to March 21 and April 20 of this year for the testimony of two more prosecution witnesses.
The office of the Special Prosecutor opened investigations into bribery allegations against Alexander Kwabena Sarfo-Kantanka after he was seen in a viral video demanding a refund of monies, he had allegedly paid to assembly members, supposedly to facilitate his approval, after he was rejected for the second time.
A private citizen, Charles Tuffuor has petitioned the Office of the Special Prosecutor to look into the ongoing employment of two senior Ghana Revenue Authority (GRA) officials despite their being far older than the legal retirement age of 60.
According to the petitioner, the Director General of GRA, Rev. Dr. Ammishaddai Owusu-Amoah and the Revenue Generation Officer of GRA, Julian Essiam contrary to law are still in office despite attaining retirement age and the expiration of their respective contract extensions as approved by the president.
“I am a citizen of Ghana and I write to you to respectfully investigate why commissioners of the Ghana Revenue Authority are still at post. Rev. Dr. Ammishaddai Owusu-Amoah who has been the Commissioner General of the Ghana Revenue Authority, Customs Division has illegally stayed at post even after the expiration of his contract extension in 2021.
“Meanwhile, the Government of President Nana Akufo-Addo and Dr. Bawumia led the NPP government and introduced a policy that sought to end the working contract extension of government agencies and departments whose expertise are not scarce in the country,” his petition said.
Mr Tuffuor noted that the stay in office of the GRA boss defies the exact basis on which some state officials including Dr Amishaddai’s predecessor was removed from office.
In the case of the Revenue Generation Director, the petitioner said Ms. Essiam’s contract after retirement expired over a year ago but that she still remains at post contrary to the law.
“It would also interest you to note that, Ms. Julian Essiam, who is a Revenue Generation Officer is also a beneficiary of this unfair, and illegitimate act by President Nana Akufo-Addo and Dr. Bawumia’s led government.
“Ms. Julian Essiam was born on July 5, 1961, which means by law and per the 1992 Constitution of Ghana, she’s due for a Pension but still at post even though her contract has expired,” the petitioner said.
Read the full petition below:
Charles Tuffour Box SY 2337, Sunyani Bono Region – Ghana Wednesday, February 15, 2023.
The Special prosecutor Office of the Special Prosecutor PMB Accra Ghana- West Africa
REQUEST FOR THOROUGH INVESTIGATION.
I am a citizen of Ghana and I write to you to respectfully investigate why commissioners of the Ghana Revenue Authority are still at post. Rev. Dr. Ammishaddai Owusu-Amoah who has been the Commissioner General of the Ghana Revenue Authority, Customs Division has illegally stayed at post even after the expiration of his contract extension in 2021. Meanwhile, the Government of President Nana Akufo-Addo and Dr. Bawumia led the NPP government and introduced a policy that sought to end the working contract extension of government agencies and departments whose expertise at not scarce in the country.
Dr. Ammishaddai Owusu-Amoah, Ghana’s chief taxman who was born on October 10, 1961, was appointed as Commissioner in charge of the Domestic Tax Revenue Division (DTRD) on May 30, 2019, and started work on June 4, 2019. He was made the Acting Commissioner-General on September 20, 2019, and will hit retirement age on October 10, 2021. Mr. Owusu-Amoah has since been in office from the time of his contract expiration defying the legal basis upon which his predecessors were relieved of their posts.
The principle was applied by the immediate past Auditor General, Mr. Domelovo, Col. Damoah RTD., Col. Kofi Nti RTD Col. Diawuo RTD. So why is the government reluctant in applying such sanctions to Rev. Dr. Ammishaddai? And why has he been allowed to illegitimately remain at post almost two years after the expiration of his one-year contract which ended in 2021? Why do we as a country have to spend so much on paying for his contract and the juicy goodies that come with it, especially, in this current state of the country?
Furthermore, concerning a letter issued by the deputy finance minister, Mrs. Abena -Osei Asare on the subject matter on August 5, 2022, affirmed the decision of the government on this subject matter. So why is he still at post? Please find attached, the letter issued by the Deputy Finance Minister.
Moreover, it would also interest you to note that, Ms. Julian Essiam, who is a Revenue Generation Officer is also a beneficiary of this unfair, and illegitimate act by President Nana Akufo-Addo and Dr. Bawumia’s led government. Ms. Julian Essiam was born on July 5, 1961, which means by law and per the 1992 Constitution of Ghana, she’s due for a Pension but still at post even though her contract has expired.
My intelligence gathered, further tells me that the Finance minister, Mr. Ken Ofori Attah, and the Board Chairman of the commission is planning a two to a three-year contract extension for the current Boss of GRA while their thousands of Ghanaians out there with the requisite expertise to carry out this same task to save the country money and also reduce the unemployment situation.
I strongly sense something fishy is going on between the government and the GRA Boss to the detriment of the entire country.
My background checks also suggest, that she together with Dr. Amishaddai, who both attained the age of 60 years two years after their contract was renewed until 2021 but chose to stay in the office until today as we speak.
The Strategic Thinkers Network Africa (Stranek-Africa) has petitioned the Office of the Special Prosecutor to commence criminal prosecutions against institutions and individuals implicated in the Auditor-General’s COVID-19 Expenditure Report.
According to the group, the infractions uncovered by the Auditor General fall within the ambit of the Special Prosecutor, and necessary action must therefore be taken by the office.
“We at STRANEK-Africa petition your office to begin forthwith criminal prosecutions relating the expenditure of COVID-19 for the period of March 2022. As unravelled through a thorough audit of Ministries, Departments and Agencies, it is astonishing how the malfeasance, malpractice and negligence are replete,” the group said in a statement signed by its Executive Director, Nii Tettey Tetteh.
The special audit undertaken by the Office of Auditor General uncovered several infractions relating to government expenditure during the height of the COVID-19 pandemic.
The release of the report has attracted various reactions, with critics calling on the government to see to the prosecution of implicated individuals.
The Office of the Special Prosecutor has directed that the Chief Executive Officer of the Northern Development Authority, Sumaila Abdul-Rahman, be prosecuted for criminal offences.
The report also directed the similar criminal prosecutions of the two deputy CEOs of the NDA, Stephen Yir-eru Engman (Operations), and Patrick Seidu (Finance & Administration).
This, the report stated, is due to their respective roles in breaches of the Public Procurement Act 2003 (Act 663).
This was contained in the OSP’s Report of Investigation into Alleged Commission of Corruption and Corruption-Related Offences involving the Northern Development Authority and A&QD Consortium Limited, dated January 24, 2023.
It was based on a written complaint dated June 15, 2022, and addressed to the Special Prosecutor by Martin Luther Kpebu, a private legal practitioner, requesting for investigation into the operations of NDA and the actions of its Chief Executive and Board Chairman.
“The complaint alleged that NDA awarded a contract to A&QS Consortium Limited (hereafter, A&QS) on 28 January 2020 for consultancy services for the supervision of some constituencies in the Upper West Region under the IPEP for the contract sum of Five Million Seven Hundred and Twenty Thousand cedis (GHC5,720,000.00). However, upon the exit of the then Acting Chief Executive who executed the contract, the contract sum was illegally increased to Ten Million Four Hundred Thousand cedis (GHC10,400,000.00) by the removal of the page containing the original figure of Five Million Seven Hundred and Twenty Thousand cedis (GHC5,720,000.00) and its replacement at page 25 clause 33.1 of the contract with a fresh page containing the bloated figure of Ten Million Four Hundred Thousand cedis (GHC10,400,000.00) to make it appear as if it is the contract executed by the previous Acting Chief Executive,” the report stated.
According to the OSP, it conducted the investigations over a period of six months, interviewing twenty persons over a period of four months before arriving at its conclusions.
It established that there were some major breaches in a contract that existed between the government organisation and A&QS and Associate Beaver Consult for the implementation of NDA’s Infrastructure for Poverty Eradication Programme (IPEP) at a contract sum of Twenty-Nine Million Six Hundred and Forty Thousand cedis (GHC29,640,000.00).
The report also indicated how the outgoing CEO of the NDA had struck a deal with the companies, but upon his termination, the same was not communicated with the new management.
“In December 2019, Dr. Haroun’s appointment was terminated. At the time of his exit as Acting Chief Executive of NDA, the two (2) procured companies – A&QS and Associate Beaver Consult – had not been notified of any award of a contract, and no contract had been executed between NDA and either consulting entity for the commencement of the respective projects.
“There appeared to be a framework document which had the signatures of Dr. Haroun and the Chief Executive of A&QS, Mr. Andrew Kuundaari. However, the signatures were not witnessed. Then again, the document had no deliverables on the nature of the work to be performed by A&QS. It had no contract sum and it had neither a commencement date nor a date for the contract period. Mr. Kuundaari did not read the framework document and he did not know its contents since it had always remained in the custody of Mr. Stephen Yir-eru Engmen, the Deputy Chief Executive of NDA in charge of Operations.
“It was evident and clear to every relevant person that no contract had been signed between NDA and A&QS at the time of Dr. Haroun’s departure. However, Mr. Kuundaari and Mr. Engmen would subsequently point to the framework document in an attempt to justify their actions,” the report stated.
In its conclusion, the OSP report stated that it had directed the Controller and Accountant General to freeze payments to A&QS.
It further directed for the criminal prosecutions of the CEO, Sumaila Abdul-Rahman, and his two deputies.
“On 1 July 2022, the Special Prosecutor directed the Controller and Accountant General to immediately freeze payments to A&QS under NDA’s implementation of the IPEP until the close of the investigation. While lifting the directive in principle, the Special Prosecutor advises all public officers in the approval chain to advert their minds to the tenor of the 16 January 2020 PPA approval for the procurement by NDA of A&QS and to ensure value for money.
“On the basis of the findings, the Special Prosecutor directs the criminal prosecution of the persons named below for respective breaches of the Public Procurement Act, 2003 (Act 663): Mr. Sumaila Abdul-Rahman, Chief Executive, Northern Development Authority; Mr. Stephen Yir-eru Engmen, Deputy Chief Executive (Operations), Northern Development Authority; and Mr. Patrick Seidu, Deputy Chief Executive (Finance & Administration), Northern Development Authority,” it added.
Former President, John Mahama, has described as unacceptable and disturbing comments by President Nana Akufo-Addo absolving Akonta Mine of any illegality despite ongoing investigations by the Special Prosecutor.
In a post on Facebook, the former President said the penchant of president Akufo-Addo to absolve his appointees and party officials from any wrongdoing is a severe dent in the already deteriorating image of the presidency.
“As though proud of that dishonourable badge, ‘the clearing agent’, Nana Akufo-Addo has yet again justified the appropriateness of his nickname with the seeming presidential exoneration of Akonta Mining, a company owned by a member of his political party (NPP) and accused of illegal gold mining in the country’s forest reserves.”
“This sad development also erodes the years of hard work, which has earned Ghana international appeal in climate change and sustainable development discourse globally.”
President Akufo-Addo speaking at the 28th National and 16th Biennial Congress of the National Union of Ghana Catholic Diocesan Priests Association in Koforidua cleared the mining firm owned by the NPP Ashanti Regional Chairman, Bernard Antwi Boasiako popularly known as Chairman Wontumi of any wrongdoing.
“I want to assure you all that Akonta Mine has not engaged in any form of illegal mining anywhere in Ghana as we speak,” the President said.
The mining firm is currently under investigation by the Special Prosecutor.
Below is the full post by John Mahama
It is unacceptable that President Nana Akufo-Addo has consistently put pressure on state anti-corruption institutions by announcing clearance of appointees and companies that are under investigation for wrongdoing.
That penchant by the president to absolve his appointees and other close associates of any wrongdoing as he has done with the ongoing investigations into the operations of Akonta Mining Company is a serious dent on the already deteriorating image of the Office of the President.
As though proud of that dishonourable badge, ‘the clearing agent’, Nana Akufo-Addo has yet again justified the appropriateness of his nickname with the seeming presidential exoneration of Akonta Mining, a company owned by a member of his political party (NPP) and accused of illegal gold mining in the country’s forest reserves.
The shocking impudence is how and when he even did that at a public event called by the country’s catholic clergy.
Fortunately, and unfortunately, we are told by the owner of Akonta Mining that the Minister has explained to him they were forced to unwillingly act against his company because of public pressure from the National Democratic Congress (NDC), CSOs and NGOs. He also very alarmingly said the President called him ostensibly to appease him over Government’s action and that the Office of Special Prosecutor cannot touch him.
This is a sad commentary for a country that has in the past been held up in Africa as the poster boy for the rule of law and democratic governance.
This sad development also erodes the years of hard work, which has earned Ghana international appeal in climate change and sustainable development discourse globally.
In addition, the President’s comment cannot be allowed to override or become a substitute for the statutory mandate granted the investigative bodies of Ghana by the Constitution.
Such acts fly in the face of justice and the fight against corruption, and of course erodes the faith of our citizens in our democracy.
As enjoined by our National Anthem to “cherish fearless honesty” and “resist oppressors’ rule,” we must all as citizens support the anti-corruption institutions to carry out their duties fairly and courageously without undue interference by any influences.
According to the Special Prosecutor, Kissi Agyebeng, his office has started an investigation into the circumstances surrounding an anonymous, wealthy businessman’s alleged effort to bribe several New Patriotic Party lawmakers to soften their demand for the resignation of Finance Minister Ken Ofori-Atta.
This information can be found in the Office of the Special Prosecutor’s half-year report (OSP).
“The Office has triggered a liaison with the Office of the Speaker of Parliament in this regard,” the report revealed.
The OSP says that the report’s distribution complies with Section 3(3) of the Office of the Special Prosecutor Act, 2017 (Act 959).
The 13-page report provides information on the corruption cases that the Office of the Special Prosecutor (OSP) has looked into and brought to justice as well as highlights of the Office’s work from August 1, 2022, to December 31, 2022.
The Special Prosecutor, Mr. Kissi Agyebeng, outlined the cases that are currently being prosecuted, those that have been resolved, and ongoing investigations in the report.
The anonymous wealthy businessman’s alleged effort to bribe the NPP MPs is one of the continuing instances being investigated.
“The Office has commenced investigation into allegations of an attempt by an unnamed and wealthy businessman to bribe some members of the majority caucus of Parliament,” part of the report read.
It would be recalled that in October last year, some New Patriotic Party (NPP) parliamentarians demanded the sacking of Ken Ofori-Atta as Finance Minister for alleged poor performance.
The MPs, numbering about 80, held a press conference to impress upon the President to relieve his cousin of the responsibility of managing the national purse or risk losing their support for government business going forward.
They also asked that the Minister of State at the Ministry of Finance, Charles Adu Boahen, be subjected to a similar fate.
It was addressed by MP for Asante Akyem North, Andy Appiah-Kubi.
According to him, the call had been communicated to the Presidency through the leadership but to no avail.
“Notice is hereby served that until such persons as aforementioned are made to resign or removed from office, we members of the Majority caucus here in parliament will not participate in any business of government by or for the President [or] by any other minister,” he explained.
Later, in an interview on JoyNews PM Express, the Majority Leader, Osei Kyei-Mensah-Bonso revealed that an unnamed businessman visited Parliament house to mediate the impasse.
He explained that in the heat of the arguments in Parliament, the said businessman met some of the legislators.
“I’m told on authority that some businessman came here and tried to do something,” he told Evans Mensah.
The Suame MP insisted that it was meant to help persuade the members of the house against nudging the Minister out of office.
“I was told that he came here and tried to mediate in his own way what he thinks the problem is,” he said.
“He further narrated that “he was repelled by the people and was told not to involve himself. So he went away.”
This assertion was confirmed by Mr. Andy Appiah-Kubi in a blow-by-blow narration of how the wealthy Ghanaian businessman attempted to influence the Majority Caucus to back off on their request.
The MP in an interview on Top Story, said the wealthy businessman on the day after the Press conference was held to demand Mr. Ken Ofori-Atta’s dismissal, requested to meet the 80 NPP MPs in Parliament.
His request was subsequently granted. According to Mr. Appiah-Kubi, during the meeting, the business tycoon tried to influence the MPs to rescind their request.
The lawmaker said he offered a ‘fat’ envelope which contained some undisclosed amount of money for the MPs to back off from their demand.
However, Mr. Appiah-Kubi noted that the MPs turned down the affluent man’s request and asked him to stay off the matter.
Mr. Kissi Agyebeng says he is poised to find out who the businessman is and take the necessary action.
According to Special Prosecutor Kissi Agyebeng, his office needs additional funds to handle the country’s complex corruption and corruption-related offenses.
He claims that the enhanced methods by which offenders now carry out their corrupt operations have made it necessary.
According to him, technology has made corruption more difficult, necessitating the use of more resources to combat more cunning perpetrators.
This information was provided by Mr. Agyebeng in his half-yearly report for 2022, which is presently available.
In the concluding paragraphs of the report, he said “As technological advancement ushers in marvels hitherto unknown, perpetrators of corruption and corruption-related offences device sophisticated ways adapted to avoid detection”.
The OSP continued, “It is this clear and ever-present danger that dictates full funding for the Office for investment in technology, equipment, and personnel to avoid the situation of law enforcement always being a step or several steps behind malefactors”.
The Special Prosecutor’s remarks about the need for better funding support his past appeals for support for his office.
Kissi Agyebeng, who succeeded Martin Amidu, has repeatedly urged others to help his organization fight the canker since taking control.
His argument has been that, despite his own zeal, eliminating corruption goes beyond his office, necessitating the involvement of other crucial authorities in the fight against it.
Mr. Agyebeng stated that in his opinion, neither the government nor the general public are prepared to combat the corruption threat just yet.
This, he claimed, was because of the meager support he had thus far gotten.
Therefore, his statements in his report from December 31 support his earlier opinions.
One of the largest challenges in the nation is still corruption, which is a hot topic of conversation.
President Akufo-Addo was consequently driven to establish the Office of the Special Prosecutor in 2018 because to the significant public concern.
But since its founding, the Office has not brought any criminal charges against an offender, which has drawn a lot of criticism and resentment.
The critics contend that the unit’s inability to charge at least one perpetrator since its inception is evidence of its failure and insignificance.
Mr. Kissi Agyebeng has stated that his organization will continue to take the danger seriously.
“The Office is resolute in its vision of rendering corruption and corruption-related activities an ultra-costly adventure in Ghana through the deterrence of a culture of illegal and unfair gain”, the 2022 Half Yearly Report concluded.
He made this known after stating the current number of cases being investigated in his report.
The special prosecutor, Kissi Agyebeng, has made an appeal for cooperation from the public in the fight against corruption.
He is, however, concerned about the posture of government in the fight for which his office was specially formed years ago.
Agyebeng told Accra-based JoyNews that he expected more from the government in terms of the anti-corruption fight.
“On the part of the government, is the government ready for the fight against corruption? From where I sit, I have not seen much. I have not seen much commitment. I have heard lip service on too many occasions paid to the fight against corruption”, he stated submitted on the NewsFile programme (December 31).
“If we want to fight corruption, we must all get involved” he urged.
He also called on Parliament to play its policy and policing role of checking corruption in state institutions.
Doing so, he noted was the best way to help offices like his and other anti-graft bodies to march forward and achieve tangible results in their biid to root out corruption.
He submitted further that with collective efforts and resolve, “we can bring corruption down,” cautioning persons engaged in such malpractices to be rest assured that they will be “found, prosecuted and jailed.”
Government appointees have routinely been accused of engaging in corruption with President Nana Addo Dankwa Akufo-Addo said to be paying only lip service to the fight against the canker.
According to the 2021 edition of the annual corruption ranking chart by Transparency International, Ghana ranked 73rd out of 180 countries on the Corruption Perception Index, CPI, report released on April 4.
“Ghana’s current performance is still below 50 which is the expected average, thus leaves much to be desired,” the report noted.
Out of 49 African countries ranked, Ghana placed 9th with Senegal, each bagging a score of 43.
The Special Prosecutor, Kissi Agyepeng, has expressed doubt about the country’s preparedness to fight corruption.
In a presentation on Newfile, Saturday, full of rhetorical questions, he asked, “are we ready for the fight against corruption?, from where I sit, I don’t think we are.”
“We expect so much from the institutions fighting corruption, but collectively, are we ready?” he quizzed.
Mr. Agyebeng explained that he is compelled to ask this question because many people who witness corruption are afraid to report.
“A good measure of the reason why I say we are not ready yet, is that more than 60% of persons fear retaliation if they report corruption. And it is very dire. Even law enforcement agencies, even the Office of the Special prosecutor, even the Special Prosecutor himself is not spared this specter of retaliation,” he stated.
He noted though that with the right attitude, Ghana will be able to bring the canker to a bearable minimum.
The move comes on the back of various investigations and interventions at the Customs Division by the Office of the Special Prosecutor following the OSP’s investigation report in respect of a complaint against Labianca Company Limited and the Customs Division of Ghana Revenue Authority.
A major finding of the investigation, which led to the recovery of GHC1,074,627.15, is that there appears to be an institutionalised culture of lighthearted unconcern regarding the impropriety of action at the Customs Division in respect of the grant of customs advance rulings and other rulings regarding the importation of goods – which indicates a high propensity to engender corruption and corruption-related activities.
Meanwhile, the Special Prosecutor in its statement further noted that the various investigations commenced at the customs division would still proceed nonetheless and the Office will monitor the implementation of the new policy.
The action is in line with the government’s 2023 Budget Statement and Economic Policy, which aims to increase revenue while also boosting local productive capacity. It also introduces policies for the protection and incubation of newly formed domestic industries to enable them to make Ghanaian goods competitive for both domestic and international markets.
Per the new policy, discounts on import values have been revised from the prevailing 30 percent for vehicles to 10 percent.
All other goods will have discounts on import values of 30 percent instead of the prevailing 50 percent.
There is however a transitional arrangement for the provision of storage free period for consignments discharged on December 31, 2022, from arriving means of conveyance to go through clearance without being affected by the reversal policy.
In addition, all pre-arrival declarations processed and tax paid even when the goods have not arrived before January 1, 2023, shall not be affected by the reversal policy.
Related: Discretionary discounts on imported vehicles, goods; OSP expresses gratification over reversal
Meanwhile the Office of the Special Prosecutor (OSP) has expressed gratification over the reversal of the discretionary discounts.
On August 3, 2022, the Office of the Special Prosecutor published an investigative report in respect of a complaint against Labianca Company Limited and the Customs Division of Ghana Revenue Authority.
A major finding of the investigation, which led to the recovery of GHC1,074,627.15, is that there appears to be an institutionalised culture of lighthearted unconcern regarding impropriety of action at the Customs Division in respect of the grant of customs advance rulings and other rulings regarding the importation of goods – which indicates a high propensity to engender corruption and corruption-related activities.
On the basis of the report, the Special Prosecutor directed the commencement of a wider investigation into the issuance of customs advance rulings and markdowns of benchmark values and an attendant investigation in respect of the auction of goods and vehicles by the Customs Division.
In a statement issued Thursday afternoon (December 29, 2022), the OSP noted, “with gratification, that following its various investigations and interventions at the Customs Division, the Government has reversed the discretionary discount on the free on board (FOB) value of goods and the home delivery value (HDV) of vehicles effective 1 January 2023.”
“The new policy effectively shuts all avenues for officers of the Customs Division to grant discretionary markdowns and removes opportunity for corruption and corruption-related activities,” the OSP stated.
“The various investigations commenced by the OSP at the Customs Division would still proceed nonetheless and the Office will monitor the implementation of the new policy.”
Parliamenthas suspended the approval of the 2023 budgetary allocation for the Office of Special Prosecutor.
Minority Leader Haruna Iddrisu alleges that Special Prosecutor, Kissi Agyebeng, has made unconstitutional appointments to the office and any allocation made to pay such persons will be unlawful.
“I am strongly arguing that any appointment other than those done by the president be deemed illegal and unconstitutional,” he told the House on Friday.
This follows allegations by the former Special Prosecutor, Martin Amidu to the effect that Mr. Agyebeng has appointed some persons to the office without recourse to public service procedures.
Speaking in Parliament, Mr Iddrisu explained that no compensation can be appropriated to this creation.
This comes a day after exclusive documents available to JoyNews revealed that Mr Agyebeng and his staff had not been paid salaries since his appointment 16 months ago.
According to the said documents, only the Deputy Special Prosecutor has been paid; leaving other staff of the office agitated.
The documents further disclosed that the former Special Prosecutor, Martin Amidu is owed salary arrears.
Reacting to this development, the Special Prosecutor, Kissi Agyebeng, says the situation can potentially derail the fight against corruption since the unpaid staff are left in a vulnerable state.
However, Majority Leader, Osei Kyei-Mensah-Bonsuraised some questions as to the validity of the claims made by the Minority Leader.
He further criticised government for not paying the staff at the Special Prosecutor’s office.
“We need to provide him with adequate remuneration such that he will not be exposed and be tempted to be courted. If that should happen Mr Speaker, this nation will be in serious trouble,” he said on Friday.
The Speaker, Alban Bagbin, thereby deferred the approval of the OSP’s budget.
The Finance Ministry is planning to resolve a 16-Month unpaid wage for the Special Prosecutor, Kissi Agyebeng, according to Kwame Anyimadu Antwi, chairman of the Committee on Constitutional, Legal, and Parliamentary Affairs.
“But Mr. Speaker, all our reports et al are physically ready for laying. What the minority leader says is good that he has his ears on the ground, because at the committee level, we invited the minister for finance and he was represented by no mean person, by the chief Director and we have resolved the issue. Mr. Speaker, Hon Haruna will agree with me, that once the issue he is talking about is already cooperating in the report, he must not be in a rush to actually talk about it when we have not made the report,” he said.
The Minority Leader Haruna Iddrisu revealed that the Special Prosecutor Kissi Agyebeng had not been paid for 16 months.
He said he is baffled by this development and demanded answers from the government. This followed concerns over the allocation for the Office of the Special Prosecutor in the 2023 Budget which had been deemed as woefully inadequate.
The Minority Leader, Haruna Iddrisu raised the concern ahead of the presentation of the Annual Budget estimates report of the Office of Special Prosecutor for the year 2023 by the Constitutional, Legal and Parliamentary Affairs Committee of Parliament.
“Office of Special Prosecutor, you put that man there you haven’t determined his condition of service. He hasn’t been paid. Some appointments have been done which raise questions as to whether the board was aware or not. We have to probe further the happenings at the Special Prosecutor. He hasn’t been paid for 16 months, and you are coming to me for a report. Meanwhile, no report has been laid here,” Mr. Iddrisu said.
According to reports, after taking office 16 months ago, Special Prosecutor Kissi Agyebeng has not received compensation.
According to a report by myjoyonline.com, all the staff at the Office of the Special Prosecutor except for the Deputy Special Prosecutor have also not been paid all their salaries.
The report also indicated that documents available to JoyNews show that the former Special Prosecutor, Martin Amidu, is also owed arrears.
It added that the lack of payment has left the affected staff becoming agitated.
The Special Prosecutor, Kissi Agyebeng, according to a JOY FM document said that the situation is very worrying since the lack of payment leaves the affected staff in a vulnerable state, which might derail the fight against corruption.
Kissi Agyebeng, therefore, called on the government to put the necessary measures in place to ensure that his staff are given their compensation.
Kissi Agyebeng officially assumed office on Thursday, August 5, 2021, as the country’s second Special Prosecutor after being sworn into office by President Nana Addo Dankwa Akufo-Addo.
The Office of the Special Prosecutor was established in 2018 by President Akufo-Addo as the gold standard and flagship specialized independent anti-corruption institution in the country.
Its main objective is to prevent, investigate, and prosecute corruption and corruption-related offenses, as well as recover assets that have been stolen from the state.
Martin Amidu has taken on Speaker of Parliament Alban Bagbin over recent comments Bagbin made on the floor of Parliament relative to his experience in Parliamentary democracy.
He accused the Speaker of behaving somewhat like a village chief who was treating Ghanaians and Members of Parliament like his subjects.
The former Special Prosecutor also admonished Bagbin to stay off boasting about his credentials and to allow colleagues and others who have known him overtime to do so.
Amidu’s views were contained in an epistle titled; ‘Games in Parliament – The Speaker and the Minority’s Motion of Censure.’
It read in part: “Mr. Alban Sumana Kingsford Bagbin needs to be told to stop talking down on Ghanaians as though he is a village chief and we, his subjects.
“No humble, learned, erudite, and experienced person will ever seek to silence his critics in a constitutional democracy by telling them that: ‘In all humility, please note that there is deep thought in whatever I do. Don’t underrate my knowledge, skills, experience, and expertise in Parliamentary practice and procedure.’
“It is for the public or one’s professional peer group, to determine one’s level of knowledge, skills, experience, and expertise and not for one to subjectively assert them and trumpet his competencies to the world,” the statement added.
Amidu also pointed to Justice D. F. Annan, the first Speaker of the Fourth Republic, to emphasise how someone who has not been an MP distinguished himself as a Speaker.
He charged Bagbin to take a lead from his predecessors and maintain his role as an umpire in the affairs of the House and stop acting like what he termed “a transactional member” of the House.
“The conduct of Mr. Bagbin in the processes leading up to the passage of the 2022 Budget Statement and subsequent Appropriation Act, 2022 and the current motion of censure filed by the Minority Caucus of Parliament against the Minister for Finance, Ken Ofori-Atta vindicate the assertion that Mr. Bagbin behaves more as a transactional Member of Parliament than the Speaker of Parliament as an umpire,” Martin Amidu argued.
Director of Research at the Institute of Economic Affairs (IEA) Dr John Kwakye has said all ministers who are resigning or being sacked should be made to declare their assets and compare to what they declared when they were appointed.
Dr Kwakye asked the Office of the Special Prosecutor (OSP) to ensure that that is done.
“All those resigning from office or being sacked must be made to declare their assets before they leave and this must be compared with the declaration when they assumed office. OSP, over to you,” Dr Kwakye tweeted.
All those resigning from office or being sacked must be made to declare their assets before they leave and this must be compared with the declaration when they assumed office. OSP, over to you!
The OSP earlier announced in a statement signed by the Special Prosecutor Mr Kissi Agyebeng on Tuesday November 15 that, it has commenced in investigations to the alleged corruption by the sacked Minister of State at the Finance Ministry Charles Adu Boahen.
The statement said “The Office of the Special Prosecutor has promptly commenced investigations into the action of Mr Charles Adu Boahen and any other implicated persons contained in the investigative exposé, ”Galamsey Economy’.”
“The President of the Republic, Nana Addo Dankwa Akufo-Addo, has terminated the appointment of the Minister of State at the Ministry of Finance, Mr. Charles Adu Boahen, with immediate effect.
“After being made aware of the allegations levelled against the Minister in the exposé, ‘Galamsey Economy’, the President spoke to Mr. Adu Boahen, after which he took the decision to terminate his appointment, and also to refer the matter to the Special Prosecutor for further investigations.
“The President thanked Mr. Adu Boahen for his strong services to his government since his appointment in 2017, and wished him well in his future endeavours,” a statement issued by the Director of Communications at the Presidency, Mr Eugene Arhin said on Monday November 14.
A Government Communicator Kofi Tontoh said the principle of natural justice will play out properly when Adu Boahen gets his day before the OSP to answer allegations of corruption made against him.
Mr Tontoh stated that investigations by the OSP will determine the next action to be taken against him.
Commenting on this matter, Mr Tontoh said on the Big Issue on TV3 with Berla Mundi on Tuesday November 15.“This is a decisive decision by the President.”
He added “It is an attempt to show that the President doesn’t condone corruption but let us allow Adu Boahen to have his day and ones all the facts come out if any further action is needed it will be taken.”
The former Chief Executive Officer of the Public Procurement Authority, Mr. Adjenim Boateng Adjei, is expected to appear again in court today, Thursday, October 13, 2022, following charges preferred against him by the Special Prosecutor earlier this year.
The ex-PPA Boss has been slapped with 17 charges by the Special Prosecutor.
He pleaded not guilty to all the charges when he was arraigned on May 25, 2022 before the Criminal Division of the Accra High Court.
Mr. AB Adjei denied seven counts of using Public office for profit and 10 counts of directly and indirectly influencing the Public Procurement process using his office.
The second accused person Francis Kwaku Arhin, his brother-in-law also pleaded not guilty to one count of using Public officer for profit.
The two were months ago granted bail in the sums of GHc5 million cedis each with two justified sureties.
The Office of the Special Prosecutor (OSP) has said it has commenced an investigation into suspected corruption and corruption-related offences in respect of illegal small scale mining (Galamsey).
A statement issued by the OSP on Monday October 10 said the investigations targets some officials of the Ministry of Lands and natural Resources and the Forestry Commission.
It also targets the activities and expenditure of the dissolved Inter-Ministerial Committee on Illegal Mining (IMCIM), especially in respect of seizure and management of excavators, machinery, road vehicles and gold nuggets.
“The investigations include the active and ongoing inquiry into allegations of use of public office for profits against Charles Bissue during his tenure as Secretary to the IMCIM arising from an investigative documentary titled ‘Galamsey Fraud Part 1, published by Tiger Eye PI.
“The investigations further target activities of the Akonta Mining Limited and other companies nationals of foreign countries allegedly involved in illegal mining and allegations of corruption and corruption related offence against Municipal and District Chief Executives political party officials.”
This comes just few days after Charles Bissue descended heavily on Anas Aremeyaw Anas for recently revisiting his issue on galamsey.
Charles Bissue, a former Western Region Secretary of the New Patriotic Party (NPP), had been mentioned by the National Communications Officer of the National Democratic Congress (NDC) as a candidate of imprisonment over his involvement in small-scale illegal mining as captured in the work of Anas Aremeyaw Anas.
The former Presidential Staffer then replied Sammy Gyamfi, accusing him and the NDC of misleading Ghanaians.
But Anas’s Tiger Eye PI then revisited the issue.
It was this that goaded Mr Bissue to issue a statement dated Friday, October 7, 2022.
He sought to clarify the content of the 2018 investigative documentary.
“I did not demand any money from the applicant with promise of fast tracking or facilitating the process,” he refuted Anas’s allegations, describing his work as “corrupted”.
“The money in question was a donation from Bernard Antwi Boasiako [alias Chairman Wontumi] for a party activity. I did not grant the company any rights to resume mining when at the time, the ban was in force as published by Tiger Eye P.I.”
He added: “For the record, I don’t consider your work as an entrapment. In fact, it is hollow and a failed attempt to smear my reputation with lies, just as you’ve done to your victims in the past.
“I dare say, and I repeat that you are a liar, and should Ghanaians entertain your deceitful antics, this fight will never yield any results.”
The Office of the Special Prosecutor has commenced investigations into suspected corruption and corruption-related offences related to illegal small-scale mining, also known as galamsey, in Ghana.
“It also targets the activities and expenditure of the dissolved Inter-Ministerial Committee on Illegal
Mining (IMCIM), especially in respect of the seizure and management of machinery, road excavators, vehicles, and gold nuggets.”
The investigation will include the active and ongoing inquiry into allegations of use of public office for profit against Charles Bissue, during his work at the IMCIM, to an investigative documentary titled Galamsey Fraud Part I, published by Tiger Eye P.I.
The investigation further targets the activities of Akonta Mining Limited and other companies; nationals of foreign countries allegedly involved in illegal mining; and allegations of corruption and corruption-related offences against some Municipal and District Chief Executives and political party officials.
Vice President of IMANI Africa, Bright Simons, has praised former Special Prosecutor, Martin Amidu for his commitment to the fight against corruption in Ghana.
Speaking at the 2022 Baah-Wiredu Lecture in Accra, the IMANI vice president said that Ghanaians are not celebrating Martin Amidu enough for his commitment to the fight against corruption.
He added that the former special prosecutor is the only person in Ghana who has in recent times put his political career on the line to fight corruption.
“We have not celebrated Mr. Amidu enough. There are few people in this country who can say with a straight face that they have done the heroics that he has done in this country.
“Remember when it was Woyome’s period, the president of the country is someone, he (Amidu) had known for many years, he was his vice-presidential candidate. You don’t appoint someone (as your) vice presidential candidate unless you think highly of the person.
“This president made him Attorney-General and when this matter (the issue of Woyome) came up, he wanted it to be addressed quietly but he (Amidu) refused to do that. He walked out of the office, put on his gown, went straight to court and filed processes to get the money back and then he got fired,” he said.
Also, Bright Simons said that through the actions of Amidu, when he was the Special Prosecutor, Ghana was saved from losing a lot of money through the Agyapa Royalties deal.
Even though there was extraordinary evidence that the deal was shrouded with corruption, the government was still going ahead with it, “until he (Amidu) decided to write a corruption risk assessment that declared that the whole transaction anathema”, he said.
He added that this action of Amidu made the foreign partners suspend the deal which ended up saving the country $150 million in income every year.
Anti-Corruption Campaigner, Vitus Azeem, has admonished Kissi Agyebeng, the Special Prosecutor, to avoid usingunorthodox methods to appoint people to the Office of the Special Prosecutor (OSP).
“Such unconventional methods undermine the integrity, confidence and the trust people have in the anti-corruption institution,†he cautioned.
Mr Azeem indicated that whereas it was true the OSP was severely under resourced and under staffed to work at full capacity, trying to recruit staff through shady means was rather uncalled for and speaks poorly of the office.
His concern follows an allegation by ColonelKwadwo Damoah (RTD) of the Ghana Revenue Authority Customs Division that Mr Agyebeng, had been trying to recruit someone from the Customs Division to the OSP and the ongoing investigation into activities of Customs Division is payback for refusing to approve transfer of his staff to the office.
According to Mr Azeem, it should be accepted Mr Agyebeng does not have necessary resources, both human and material, to meet peoples expectation and while assessing him and his office, there was also need to put pressure on the government to give him resources to do his work effectively and efficiently.
“When you look at what Col. Damoah said about one Akurugu, it was like he was going round to institutions begging for secondment of staff which is not good enough for an anti-corruption institution because he should be able to advertise publicly through Public Service Commission, adopt transparent and miscellaneous approach to recruit his staff so that people will have the confidence and trust in the institution.
“If he has been begging for secondment of staff that is not the best, the Ministry of Finance needs to give him clearance to recruit people he needs and he too must adopt transparent processes and recruiting from within his close circles also undermines independence of staff at the office which adversely affects the work they do there,†Mr Azeem contended.
He postulated that Mr Agyebeng should not allow anybody to accuse him of using unorthodox methods of appointing people to the institution so as not to allow people lose trust and confidence in him and the office and people coming in would not be independent enough to know their worth.
According to the lawyer, the response issued by the company was not from the lawyers of the Company and thereby questioning the basis for which Labianca Group Limited paid the ¢1.074 million after the report emerged.
“This is a lame attempt at damage control because reading the statement which they issued, the statement, let me say was not issued by their lawyers but was issued by the Company with the intention of asking their lawyers to take the matter up,†Saviour Kudze said in an interview on Joy FM, Wednesday, August 24.
He, however, argued that the reason for payment is that “they had agreed that there was some wrongdoing that is why they had to pay the money.
“They themselves alluded to the fact that they appeared before the Special Prosecutor during the investigation and during the investigations of course if you had evidence in support of your case you would have made it available before the Special prosecutor.”
The lawyer noted that the only legitimate claim Labianca’s statement is the “fact that they were not furnished with the Special Prosecutors report at a point in time.â€
Labianca in a statement issued on Wednesday, August 24, threatened to take legal action against the Office of the Special Prosecutor (OSP) for issuing an influence-peddling report against it.
The Company said, “we take the findings of the Office of the Special Prosecutor seriously and have consequently instructed our lawyers to take the necessary action on this matter.â€
Background
The OSP in a recent report noted that it had recovered GH¢1.074 million from Labianca, owned by Eunice Jacqueline Buah Asomah-Hinneh, an elected member of the Council of State representing the Western Region.
The amount represented a shortfall in import duties the frozen foods company paid to the state.
In an investigative report by the OSP, Ms Asomah-Hinneh was accused of influence-peddling by allegedly using her position as a member of the Council of State and member of the Board of Directors of the Ghana Ports and Harbours Authority (GPHA) to get a favourable decision from the Customs Division for her company.
The investigative report, dated August 3, 2022, is titled: “Report of Investigation into Alleged Commission of Corruption and Corruption-Related Offences involving Labianca Group of Companies and the Customs Division of the Ghana Revenue Authority.â€
The Customs Division of the Ghana Revenue Authority (GRA) is once again undergoing scrutiny by the Office of the Special Prosecutor (OSP).
This time, the focus is on some suspected corruption and corruption-related offences related to the auction sales of vehicles and other goods between 1 July 2016 and 15 August 2022.
The Office of the Special Prosecutor (OSP) has commenced investigation into the number of vehicles auctioned by the Customs Division of the Ghana Revenue Authority (GRA) from July 1, 2016 to August 15, 2022.
In a statement dated August 22, 2022, the Special Prosecutor Kissi Agyebeng revealed that the OSP has observed some suspected corruption and corruption-related offenses related to the auction sales of vehicles and other goods, thus its initiative.
As the OSP investigates the matter, the Commissioner of the Customs Division is to “immediately halt and discontinue all auction sales,” the statement noted.
The OSP commenced investigation on August 19, 2022, when it directed the Commissioner of the Customs Division to furnish the Office with some vital information needed before September 20, 2022.
In its directive, the OSP is requesting the following; “the particulars and clear description of all auctioned item, quality of all auctioned items, prices at which the items were auctioned, date of each auction sales” as well as “the full names, addresses, and telephone numbers of the successful bidders at all the auction sales.”
The Office of Special Prosecutor’s recent investigation comes a time when it has received black lash from some groups and citizens over its Labianca report.
On August 8, 2022, the OSP published an investigative report which revealed that Labianca Group of Companies, a frozen foods company owned by a member of the Council of State, Eunice Jacqueline Buah Asomah-Hinneh, evaded import duties in excess of ¢1.074 million.
The OSP contended that Ms Asomah-Hinneh used her position as a member of the Council of State and member of the Board of Directors of the Ghana Ports and Harbours Authority (GPHA) to get a favourable decision from the Customs Division.
The Customs Staff Association (CSA) in response said the approvals made by Commissioner of the Customs Division of the Ghana Revenue Authority (GRA), Colonel Kwadwo Damoah to the Labianca Group of Companies were in accordance with the law, particularly “the Customs Laws and established procedures in force.â€
For this reason, the Association has described the investigative piece by the Office of the Special Prosecutor as one borne out of a misconception and, therefore, technically flawed.
On the matter, former Special Prosecutor, Martin Amidu, has also accused the Office of the Special Prosecutor (OSP) of unconstitutionality, arguing that the investigative report and the directive for the payment of GHC1,074,627.15 do not form part of the mandate laid out for the OSP in the Office of the Special Prosecutor Act, 2017 (Act 959).
Following the probe that cited Labianca Company Limitedfor corruption-related acts, the Special Prosecutor has also commenced a wider investigation into the issuance of customs advance rulings and markdowns of benchmark values between July 2017 and December 2021.
In a statement, the special prosecutor said the Commissioner of the Customs Division was expected to submit the particulars of all applications for customs advance ruling, applications for a markdown of benchmark values, applications for private rulings and class rulings pertaining to the application of customs law and the decision on each of the applications.
Former Special Prosecutor, Martin Amidu, has accused the Office of the Special Prosecutor (OSP) of unconstitutionality over its recent Labianca report.
According to Mr Amidu, the investigative report and the directive for the payment of GHC 1,074,627.15 do not form part of the mandate laid out for the OSP in the Office of the Special Prosecutor Act, 2017 (Act 959)
In an article, the former Special Prosecutor added that the report is also inconsistent with the 1992 Constitution.
“It constitutes an impermissible persecution of mere witnesses in the court of public opinion by the OSP instead of in a court of law,” part of the statement read.
Per Mr Amidu, the report “was purportedly made in pursuance of the exercise of the investigatory functions of the OSP into corruption and corruption-related offences in accordance with the functions of the Office contained in section 3 of the Office of the Special Prosecutor Act, 2017 (Act (959) and Regulations 5, 6, and 7 of the Office of the Special Prosecutor (Operations) Regulations, 2018 (L. I. 2374) dealing with preliminary inquiry, investigation, full investigation, and investigation panels. These are the only provisions of the law governing the mandate of the Office referred to in the OSP report on the Labianca case as grounding the report.”
On August 8, 2022, the OSP published an investigative report which revealed that Labianca Group of Companies, a frozen foods company owned by a member of the Council of State, Eunice Jacqueline Buah Asomah-Hinneh, evaded import duties in excess of ¢1.074 million.
The OSP contended that Ms Asomah-Hinneh used her position as a member of the Council of State and member of the Board of Directors of the Ghana Ports and Harbours Authority (GPHA) to get a favourable decision from the Customs Division.
But according to Mr Amidu, “the OSP Labianca report does not disclose the commission of any corruption and corruption-related offences upon which the suspects or accused were cautioned or charged, if they were indeed cautioned or charged.â€
He continued, stating that the OSP failed to ensure that “a person shall not be convicted of a criminal
offence unless the offence is defined and the penalty for it is prescribed in a written law.”
Mr Amidu revealed that the OSP is an investigatory, prosecutorial and a corruption prevention agency and not a
commission of enquiry “whose unchallenged adverse findings may after the constitutionally specified period of time be deemed to be a judgment of the High Court appealable to the Court of Appeal.”
The Coordinator for Special Initiatives at Jubilee House, the Chief Executive, as well as relevant former officers of the Northern Development Authority (NDA) and officers of the A&Qs Consortium have been invited for questioning by the Office of the Special Prosecutor (OSP).
The invite follows a series of investigations by the Special Prosecutor, Kissi Agyebengpertaining to the awarding of a contract by NDA to A&Qs Consortium for consultancy service.
In a press statement dated 26 July 2022, Mr Kissi Agyebengnoted that “On 30 June 2022 the Office of the Special Prosecutor commenced investigation into suspected corruption and corruption-related offences in respect of a contract awarded by the Northern Development Authority (NDA) to A&Qs Consortium for consultancy services under the Infrastructure for Poverty Eradication Programme, especially in respect of the quantum of the contract sum.”
Mr Agyebeng stated that the amount of money paid as consultancy service under the Infrastructure for Poverty Eradication Programme is marred with some irregularities.
According to reports, the Northern Development Authority (NDA) forged signatures on documents to carry out payment of the contract.
The purported violation was used to inflate the numbers from GH¢5.7 million to GH¢10 million under the supervision of the current NDA CEO, Sumaila Abdul Rahman.
The Special Prosecutor, therefore, directed the Controller and Accountant General to immediately freeze payments arising from the contract.
Mr Kissi Agyebeng, who has vowed to protect the public purse and reduce corruption in Ghana to its barest minimum, has assured that he will prosecute all persons found culpable in the alleged offenses regarding the award of a contract.
Currently, the officials invited have been placed on bail.
“All persons deemed culpable by the Special Prosecutor for corruption and corruption-related offence(s) would be charged and arraigned before the High Court for prosecutionâ€, the statement concluded.
The OSP in a notice issued June 3, 2022, said Mr Coffie was wanted for corruption and corruption-related offences as well as the forgery of official document.
“The Office of the Special Prosecutor (OSP) has caused the issuance of a warrant of arrest for the underlisted person [Dela Coffie] whose pictorial representation appears above,” the notice signed by the Special Prosecutor, Kissi Agyebeng reads.
The notice further discloses that Mr Coffie “Claims To Be A Manager Of Political Communications”.
Reaction
Meanwhile, Mr Coffie has reacted to the summons on Facebook, stating that he will submit himself to any queries of law enforcement agencies as he has nothing to hide. He also shed some insight on the charges against him.
He posted: “Preliminarily, I want to state that I am available right here in Ghana and will submit myself to any queries of law enforcement agencies as I have nothing to hide.
“As regards context, my understanding is that the Special Prosecutor is linking me to a petitioner, who has lodged a petition before his office against former Minister Atta Akyea.
“However, let me state that the recklessness with which the Special Prosecutor will jump to issue an arrest warrant without any recourse to me as rules of engagement injunct his office to do, will be subjected to appropriate judicial review”.
Read Dela Coffie’s entire post below;
Re: Notice of Wanted Person My attention has been drawn to a warrant of arrest issued by Special Prosecutor against my person. Preliminarily, I want to state that I am available right here in Ghana and will submit myself to any queries of law enforcement agencies as I have nothing to hide. As regards context, my understanding is that the Special Prosecutor is linking me to a petitioner, who has lodged a petition before his office against former Minister Atta Akyea. However, let me state that the recklessness with which the Special Prosecutor will jump to issue an arrest warrant without any recourse to me as rules of engagement injunct his office to do, will be subjected to appropriate judicial review. My lawyers have taken the matter up and we will deal with the issues head-on. Dela Coffie is a law-abiding citizen and ready to fight any concocted allegations geared towards tarnishing my image in the estimation of right-thinking members of society. Issued by Dela Coffie 3rd June, 2022. Accra
Special Prosecutor, Kissi Agyebeng, has frozen the assets of the late Chief Executive Officer (CEO) of the Forestry Commission, Kwadwo Owusu Afriyie.
According to Citinews, processes are underway to also freeze his assets overseas.
Reports reaching The Independent Ghana reveal that a press statement from the Office of the Special Prosecutor (OSP), announcing the recent development, will be released soon.
This comes after the Office of the Special Prosecutor (OSP) commenced investigations into the Will of the late Owusu Afriyie, also known as Sir John.
In the said Will shared by the Fourth Estate, some portions of the Achimota Forest, known to be a state property, but allegedly owned by Sir John, were to be inherited by some relatives.
Also, the list indicated other 75 properties that were owned by the former general secretary of the New Patriotic Party (NPP).
This included a 6-bedroom house located at Patangbe, five plots of land located at Millenium city, Kasoa, a Mercedes Benz E68 Sport AMG and over GH2million investment.
The OSP commenced investigations shortly after the Fourth Estate reported that the late Forestry Commission CEO did not declare his assets as mandated by law while alive.
According to Act 550 of the Public Office Holders (Declaration of Assets and Disqualification) ACT 1998, all public office holders must submit a written declaration to the Auditor-General of all properties or assets possessed by them, as well as all liabilities payable to them directly or indirectly.
Per the law, the declaration of assets shall be made by the public officer “before taking office, at the end of every four years, and at the end of the term of his office and shall in any event be submitted not later than 6 months of the occurrence of any of the events specified in this subsection.â€
On the other hand, the Lands Commission has rejected reports that portions of the Achimota Forest were owned by Sir John.
According to the Commission, there are no records establishing such claim.
Nine months after Kissi Agyabeng was sworn into office as the Special Prosecutor, his office does not have a Governing Board.
Mr. Agyebeng took Office in August 2021.
Section 5 and 6 of the Office of Special Prosecutor Act2017 and Act 959 task the Board to formulate policies for the object of the Office, ensure proper and effective performance of the functions of the Office, advise the Special Prosecutor on the recruitment and selection of various staff among other duties.
The Board is also to consist of the Special Prosecutor, the Deputy Special Prosecutor, one representative each from the Audit Service, the Ghana Police Service, Economic and Organized Crime Office (EOCO), Financial Intelligence Centre, Commission on Human Rights and Administrative Justice (CHRAJ), a person nominated by the Minister for National Security, and one other person who is a female representing the Anti-Corruption Civil Society Organizations.
Kissi Agyebeng
The members of the Board, once appropriately nominated by their institutional heads, will then elect a person other than the Special Prosecutor or Deputy Special Prosecutorfrom among themselves as Chairperson of the Board.
The President is then required to inaugurate the board members nominated by the institutions in accordance with Article 70 of the Constitution.
But JoyNews sources say although the OSP has written multiple letters to the Presidency reminding it of the need to inaugurate the Board to ensure smooth operation of the Office, this has not been done.
However, the absence of the Board is not the only challenge facing the Office of the Special Prosecutor.
The other challenge is inadequate resources and the inability of the office to put contract workers on its pay roll.
The OSP is said to have made a request for the approval of a GHS2 billion budget to set up the office, build a cyber security and forensic lab, cells to keep suspects and purchase other logistics.
But available information indicates that the Finance Ministry committed about GHS170 million out of which only GHS10 million have been released.
These challenges are not new to the office.
It is interesting to note that the first Special Prosecutor, Martin Amidu, while in office raised similar concerns.
Former Special Prosecutor, Martin Amidu
The Office of the Special Prosecutor is mandated to investigate and prosecute corruption and corruption-related offences.
Director of Legal Affairs of the National Democratic Congress (NDC) Abraham Amaliba has called for a bipartisan parliamentary committee to look into the alleged improper acquisition of state lands by the late Former Chief Executive Officer of the Forestry Commission, Kwadwo Owusu Afriyie (Sir John).
He dissented on the decision of the Office of the Special Prosecutor (OSP) to investigate this matter.
He explained that the intention of the OSP to investigate case of this kind is to prosecutor if prima farcie is established but in this particular case, Amaliba said, the person at the center of the controversy is dead hence, prosecution will not be possible.
“We need a bipartisan committee from parliament to deal with it.
“It should be opened to the public, let us invite people to testify, we will get to know how the forest was distributed to public servants apart from Sir John.
“If you want the OSP to do it he will just limit himself to the will and that will not address our our pain. Our pain is that a number of people have acquired state lands which is not just Sir John.â€
“If you are conducting a criminal investigation your intention is to prosecute, how are you going to prosecute a dead man?†He quizzed while speaking on the Key Points on TV3 Saturday May 28 with host Dzifa Bampoh.
The OSP announced that it had started investigations into the alleged improper acquisition of state lands by Sir John.
A statement issued by the OSP on Thursday May 26 said “The Office of the Special Prosecutor has commenced full investigations into suspected corruption and corruption-related offences in respect of alleged improper and unlawful acquisition of state lands at the Achimota Forest enclave and Ramstar catchment at Sakumono in Accra by former Chief Executive Officer of the Forestry Commission, Kwadwo Owusu Afriyie alias Sir John (Now deceased) and other persons.â€
The Ministry of Lands and Natural Resources also said it was investigating the supposed will that lists some individual relatives of Mr Owusu Afriyie to be given some portions of the Achimota Forest, which has become a topical issue the past days as a result of an Executive Instrument signed by President Nana Addo Dankwa Akuf-Addo to declassify portions.
“I give my portion of land that I jointly own at the Achimota Forest in the name of DML Limited to Elizabeth Asare Boateng who at the time of making this will is domiciled in the USA forever,†point g. of the will of the late public official, popularly known as Sir John, stated as captured on social media.
But the Ministry says it was probing this.
“The Ministry takes a very serious view of the allegations, and has requested for all documents relating to the lands in question, as part of an initial inquiry to ascertain the veracity of the claims,†a statement issued on Sunday, May 22 by the Ministry said.
“Considering that the issues that form the basis of the allegations predate the tenure of the current Minister, Hon. Samuel A. Jinapor, MP, it is important that he is seized with the full facts to enable him take appropriate action, if, indeed, there is any merit in the claims.
“The Ministry assures the general public and the good people of Ghana that it will ensure that the national interest is protected at all times, especially in matters pertaining to the Achimota Forest.â€
Corruption Watch Ghana has petitioned the Special Prosecutor to investigate the alleged acquisition of several acres of State lands situated within the Achimota Forest and at Ramsar sites in Sakumono in the Greater Accra Region.
This comes after the controversy sparked by documents containing details of the alleged acquisition of lands by the late Forestry Commission CEO Kwadwo Owusu Afriyie, popularly known as Sir John.
The particulars of the alleged acquisition of the alleged State lands were in the Last Will and Testament of Sir John as revealed by The Fourth Estate.
Corruption Watch in a statement said its petition for the investigation of these acquisitions is premised on the provisions of Section 1, Sub-section 3 of the Office of the Special Prosecutor Act, 2017 (Act 959).
These mandate the Office of the Special Prosecutor to investigate alleged or suspected cases of corruption or a corruption-related offence involving public officers.
“It is worth emphasizing that the deceased was a public officer and a politically exposed person per the Office of the Special Prosecutor Act, 2017 (Act 959), when he served as the CEO of the Forestry Commission and singularly or jointly allegedly acquired the said lands with other natural and artificial persons during the period he was the CEO of the said Commission. One such person was Charles Owusu, also a public officer, and a politically exposed person.â€
“Furthermore, Corruption Watch draws inspiration from Section 179C of the Criminal Offences Act, 1960 (Act 29), which makes it an offence for a person to use public office for profit. We note that the offence is committed by both the person who holds public office who dishonestly abuses the office for private gain or benefit and other persons who collaborate with the public officer to so abuse the office,†the statement said.
Whether the Republic of Ghana owned the said lands at the time of their alleged acquisition by Kwadwo Owusu Afriyie, Jakaypros Limited, Fasoh Limited, DML Limited, and Charles Owusu;
The circumstances of the alleged acquisition;
The Beneficial Owners of the companies implicated in this transaction and compliance with the reporting requirements of such persons where they are PEPs under sections 13, 35, and 126 of the Companies Act 2019 (Act 992);
Who authorized the alleged sale or purchase of the lands?
Whether the interests in the lands have been registered?
Under what authority did the person(s)/ institution authorize the sale or purchase?
Whether any amount of money was paid for the said lands, and to whom?
Whether the politically exposed person(s) and public officers who own these properties have complied with the Code of Conduct for Public Officers under Chapter Four of the 1992 Constitution, particularly relating to Article 286 of the Constitution?
The propriety or otherwise of the said sale or purchase?
Whether other natural or artificial persons who are politically exposed persons have also acquired lands
illegally within the Achimota Forest and Ramsar site in Sakumono.
The immediate past Special Prosecutor, Mr Martin Amidu has fired back at President Nana Addo Dankwa Akufo-Addo’s reaction to the reasons for his resignation.
Dubbed, Amidu’s Constitutional defence to Rejoinder to the personal letter address to him as citizen of Ghana by the President after accepting his resignation of appointment as Special Prosecutor”, Mr Amidu released it on Friday afternoon (November 27, 2020)
Abdul Malik Kweku Baako says the Office of the Special Prosecutor (OSP) got the needed support from the presidency to enable the Special Prosecutor Martin Amidu execute his mandate.
According to him, some documents he has cited proves that the Akufo-Addo administration played a very significant role in assisting Martin Amidu with the needed logistics as well.
“My scrutiny of some official documents and records point to the fact that there was no lack of commitment from the executive.
“In this case, the presidency collaborated with the Office of the Special Prosecutor and the Special Prosecutor himself to deliver an efficient office in terms of accommodation, logistics…,†he observed.
The Editor-in-Chief of the New Crusading Guide newspaper said on Newsfile on Saturday, November 21 that there was abundant evidence of communication and exchanges between the OSP and the presidency, “especially [from] the office of the chief of staff who appears to be the point person the Special Prosecutor was dealing with oftentimes.â€
“So, both sides apparently had a certain commitment to deliver on the office,†Baako concluded.
Martin Amidu in his letter of resignation stated that he was denied key logistics and accommodation that would have enabled him to perform his functions appropriately.
But Baako disagrees, indicating that “with reference to page 7 of the parliamentary report on the office of the Special Prosecutor for 2020, the Special Prosecutor informed a committee that the plan to move the offices to an appropriate office accommodation in 2019 could not materialise due to the fact that the building [which] was finally secured with the help of his excellency the president had certain structural defects which [needed] to be remedied by the original contractor before it could be repurposed as offices for the OSPâ€.
“Given that the 2019 budget of the OSP was prepared on the assumption that the new office facility would be made available among others to accommodate 249 [staff] which were to be recruited in the year and the establishment of a tender entity committee to make the necessary procurement [the] accommodation situation significantly hampered the implementation of planned programmes and activities of the OSP in the year under review,†Baako read from the parliamentary report.
Kweku Baako further observed that some correspondence and communication from both sides gave the indication that they were still in pursuit of a decent and suitable Office of the Special Prosecutor.
“I am not sure it is a substitute for the kind of office the Special Prosecutor envisages for his safety and because the executive also agreed that it was a [temporary] facility, both sides were cooperating or collaborating to look for an effective one,†he noted.
Martin Amidu on Monday November 16, 2020, resigned from his position as the Special Prosecutor.
In a resignation letter to the President, Martin Amidu said: “The one condition upon which I accepted to be nominated as the Special Prosecutor when you invited me to your Office on 10th January 2018 was your firm promise to me that you will respect and ensure same by your Government for my independence and freedom of action as the Special Prosecutor.”
The Presidential Candidate of the National Democratic Congress (NDC), Mr John Dramani Mahama, says the next NDC government will implement recommendations of the Special Prosecutor on the controversial Agyapa Royalties deal, when elected in the December 7, 2020, presidential election.
He said the only thing that will save those who have been found culpable in the corruption risk assessment report by the Special Prosecutor is for them to return the money before the NDC is sworn into office on January 7, 2021.
Mr Mahama made this known on Saturday when he addressed NDC supporters at Bosomkyekye in the Mampong constituency as part of his campaign tour of the Ashanti Region.
He said despite promising not to run a government of family and friends, President Akufo Addo has packed his government with members of his family and friends, hence the unprecedented level of corruption in the Akufo-Addo government.
“They are trying to offload Ghana’s mining royalties through a shady deal called Agyapa and when we complained, they decided to hold on. But now what we are being told is that the President has directed that the deal be taken back to parliament and I know they will not succeed. Because the NDC is going to win this election and immediately after the victory, those people who have looted money from Agyapa should quickly return our money. Otherwise, we will work with the recommendations of the special prosecutor”, he warned.
Mr Mahama said the next NDC administration will institute concrete measures, including Operation Sting, to fight corruption.
He, therefore, entreated electorates to vote for him and NDC parliamentary candidates in the December 7, 2020, general elections to enable him to work hard to provide jobs, implement Free Primary Healthcare and state-sponsored National Apprenticeship Programme to empower the youth with employable skills.
For his part, the chief of Bosomkyekye, Nana Sarpong Ofori Gyimah II, commended Mr Mahama for his sterling performance during his tenure as president and urged his people to vote for Mr Mahama on December 7, 2020, to enable him to complete abandoned projects started by the Mahama government before leaving office in January 2017.
The Finance Ministry has released the budget performance report for the Office of Special Prosecutor.
In the said report, the Ministry disclosed that an amount of GHS154, 261.84 and GHS63, 171, 860.13 were released for the 2018 and 2019 financial year respectively.
It added that GHS63,171,860.13 has been released for the year 2020.
The statement expressed worry that the office was unable to initiate transactions on the Ghana Integrated Financial Management Information System (GIFMIS) platform, a situation which made it difficult for the release of funds.
Seasoned Journalist Kwesi Pratt Jnr. has backed Special Prosecutor, Martin Amidu’s resignation.
Mr. Martin Alamisi Burns Kaiser Amidu announced his resignation yesterday.
Reasons for Resignation
He forwarded his resignation letter to the President citing lack of operational independence as one of his reasons.
”The one condition upon which I accepted to be nominated as the Special Prosecutor when you invited me to your Office on 10th January 2018 was your firm promise to me that you will respect and ensure same by your Government for my independence and freedom of action as the Special Prosecutor,†he stated.
“I should not ordinarily be announcing my resignation to the public myself but the traumatic experience I went through from 20th October 2020 to 2nd November 2020 when I conveyed in a thirteen (13) page letter the conclusions and observations on the analysis of the risk of corruption and anti-corruption assessment on the Report On Agyapa Royalties Limited Transactions and Other Matters Related Thereto to the President as Chairman of the National Security Council cautions against not bringing my resignation as the Special Prosecutor with immediate to the notice of the Ghanaian public and the world . . .
. . The events of 12th November 2020 removed the only protection I had from the threats and plans directed at me for undertaking the Agyapa Royalties Limited Transactions anti-corruption assessment report and dictates that I resign as the Special Prosecutor immediately. Fear is the enemy of change and I am prepared from the vacuum created on 12th November 2020 to meet the threats of my demise as the price to pay for serving my country without fear or favour affection or ill will. I acted professionally throughout in the discharge of my duties and my conscience is the anchor of my strength to face any consequences.”
He also revealed his appointment letter was given to him in February 2020 which means two years after his appointment by President Nana Akufo-Addo.
He further stated that he and his Deputy have not received their salaries since assuming office two years ago.
“It is essential for me to state for the purpose of the records, and contrary to public perceptions, that my appointment letter was received on 5th February 2020 (almost two (2)-years after my appointment). The copy addressees made no efforts to honour any of the conditions of appointment in terms of emoluments and benefits of the appointment ever since my warrant of appointment was issued on 23rd February 2018 to the date of my letter of resignation. I accepted the offer on 10th January 2018 to be nominated to be Special Prosecutor because Mr. President, and Ghanaians knew I have been an anti-corruption crusader all my life and not an anti-corruption entrepreneur.
”This explains why I have never put the emoluments and benefits of the Office as central to my commitment and my passion for the establishment of an independent, effective, efficient and impartial anti-corruption Office of the Special Prosecutor before the end of the first term of Mr. President. This has not been possible for several reasons. The Deputy Special Prosecutor has also not been paid any emoluments since her appointment, and there is the need to redress that situation for her now that I am out of the way,” he said.
Martin Amidu Had No Special Powers
Addressing the issue during a panel discussion on Peace FM’s ”Kokrokoo”, Kwesi Pratt argued that the Special Prosecutor (SP) didn’t have the right to prosecute, believing it’s part of Mr. Martin Amidu’s frustrations.
He stressed that the power of prosecution is constitutionally vested in the Attorney General which places a limit on the job of the Special Prosecutor and so questioned the logic in setting up the SP’s office if he cannot prosecute people.
“The right to prosecute is still the preserve of the Attorney General . . . the constitution gives an unfettered right of prosecution only to the Attorney General . . . Article 88 of the constitution, what it states and how; the Special Prosecutor has no special powers beyond the powers of the Attorney General.”
To Kwesi Pratt, the establishment of the Special Prosecutor’s office was set up in haste.
“Why did we rush to set up the office of the Special Prosecutor especially as the Special Prosecutor doesn’t wield any special power over the Attorney General? Why the haste? Even when you look at the mode of appointment, it’s the same. So, why did we rush?” he questioned.
President Nana Addo Dankwa Akufo-Addo has controverted allegations by the country’s first Special Prosecutor, Martin Amidu, that he (President’s) interfered in his work.
A nine-paged response issued on Tuesday by Nana Asante Bediatuo, Secretary to the President, in reaction to the issues raised by Mr Amidu in his resignation letter, said his submissions in the letter “was most regrettable” because at no point had the President sought to interfere in his work.
“At the outset, it must be made clear that throughout your tenure as Special Prosecutor, neither the President nor and member of his government interfered or sought to interfere with your work,” Nana Bediatuo said.
The President’s response also covered issues on budgetary allocations, financial disbursements and accommodation search made during Mr Amidu’s time as the Special Prosecutor.
President Akufo-Addo says he will, in due course, respond to accusations of interference against him by the ex-Special Prosecutor in his resignation letter.
Martin Amidu resigned from his post as Special Prosecutor citing interference by President Nana Addo Dankwa Akufo-Addo in his work.
“The reaction I received for daring to produce the Agyapa Royalties Limited Transactions anti-corruption report convinces me beyond any reasonable doubt that I was not intended to exercise any independence as the Special Prosecutor in the prevention, investigation, prosecution, and recovery of assets of corruption. My position as the Special Prosecutor has consequently become clearly untenable,†a part of the resignation letter said.
It continued: â€It is essential for me to state for the purpose of the records, and contrary to public perceptions, that my appointment letter was received on 5th February 2020 (almost two (2)-years after my appointment). The copy addressees made no efforts to honour any of the conditions of appointment in terms of emoluments and benefits of the appointment ever since my warrant of appointment was issued on 23rd February 2018 to the date of my letter of resignation.
Reacting to the claims, the Presidency in a statement said the “President has taken due note of the other matters raised in your letter and the government will issue a statement responding to them in due course.â€
Legal practitioner, John Ndebugri, has said the law that established the Office of the Special Prosecutor limits its ability to fight graft.
The former MP for Zebilla told Joy News on Monday, November 16, 2020, that the Special Prosecutor does not have sweeping autonomy as some have suggested.
“If you look at the Law closely, the Office of the Special Prosecutor was established like a company, which has an executive board with Martin Amidu merely as its CEO, and a CEO cannot override the decisions of the board,†he said.
“Anybody who says the Office and its laws is meant to fight corruption have a lot of convincing to do in bringing me over to his or her side,†he added.
His comments come on the back of the decision by Martin Amidu to resign as Special Prosecutor, citing interference in his work as one of the major reasons.
Mr Ndebugri, who once predicted that Mr Amidu will resign, said Mr Amidu knew he was walking into a landmine when he took the job.
“At the beginning, I said he walked into a landmine knowingly and my prayer was that he will come out of it safely. I hope he is coming out of it safely,†he said.
The Special Prosecutor, Martin Amidu has reacted to the response from the presidency on his risk assessment report on the Agyapa Royalties Agreement.
According to him, his work must be taken seriously and not trivialized.
The Special Prosecutor in a statement noted that: “I do not intend to be patronized as the Special Prosecutor as Mr. Eugene Arhin appears to have conveyed by the statement issued under his hand. Analysis of the risk of corruption and anti-corruption assessments are a serious anti-corruption tool with very serious consequences for any country dedicated to fighting corruption and making corruption a high-risk enterprise.
“The sixty-four (64) page report was analyzed and assessed professionally and referenced with detailed analysis of the risk of corruption and anti-corruption assessment of the Agyapa Royalties Transactions from which no one can just pick and choose what he wants. The documents and the facts are real and were not manufactured by the Special Prosecutor.â€
“The Office of the Special Prosecutor was either seriously intended to prevent and fight corruption or was only intended as a show piece to be trivialized. The sixty-four (64) page report must be taken seriously to make corruption a very high-risk venture in Ghana,†he added.
Special Prosecutor Martin Amidu has stated that he does not need assurances from Former President John Dramani Mahama that he would not be sacked if he wins the 2020 polls.
He argues that the Office of the Special Prosecutor Act, 2017 (959) governs the situation and is, therefore, needless for anybody to assume airs about what she or he will do with the Office or Martin Amidu when she or he wins the elections.
“As the Special Prosecutor, I do not need assurances from anybody of leaving me in Office when she or he wins the elections. The Office of the Special Prosecutor Act, 2017 (959) governs the situation. In any case, the position of Special Prosecutor is not one of servitude but of service. It is, therefore, needless for anybody to assume airs about what she or he will do with the Office or Martin Amidu when she or he wins the electionsâ€
According to him, the Office is an independent statutory anti-corruption agency and must be respected as such notwithstanding who for the time being holds the Office of the Special Prosecutor.
Reacting to recent comments by Mr Mahama on the matter he said “Any Ghanaian worthy of putting himself forward as Presidential candidate for the upcoming elections should know the content of the Office of the Special Prosecutor Act, 2017 (Act 959) by now. He must know by now that under section 4 of Act 959, except as otherwise provided for in the 1992 Constitution, the Office is not subject to the direction or control of a person or an authority in the performance of the functions of the Office even when the Office acts upon the authority of the Attorney- General to initiate and conduct the prosecution of corruption and corruption-related offences. It is also clearly stated that the Board of the Office shall not interfere in the day-to-day functions of the Office. This independence of the Office in the performance of the functions of the Office is reinforced when Act 959 gives the Special Prosecutor full authority and control over the investigation, initiation and conduct of proceedings under subsection (1) of section 3 which spells out the functions of the Officeâ€
