The Office of the Special Prosecutor (OSP) has published its half-year report for 2023, the report provided updates on its ongoing efforts to combat corruption in the country. The report highlights the completion of investigations into three significant cases, as well as the initiation of probes into 150 new corruption-related cases. Few of the completed cases mentioned includes: Charles Bissue – Secretary to the erstwhile Inter-Ministerial Committee on Illegal Mining (IMCIM): which originated from an investigative documentary titled “Galamsey Fraud” by Tiger Eye PI. The full report Introduction 1.1 The Office of the Special Prosecutor (OSP) is the gold standard and flagship specialised independent anti-corruption state agency in Ghana. It was created in 2017 under an Act of Parliament – Office of the Special Prosecutor Act, 2017 (Act 959) in pursuance of the objects of the United Nations Convention against Corruption. Two legislative instruments have also been enacted to augment the operation of Act 959. The first is the Office of the Special Prosecutor Regulations, 2018 (L.I. 2373), which regulates the management of human capital and discipline. The second is the Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374). 1.2 The Office has the object of investigating and prosecuting specific cases of alleged or suspected corruption and corruption-related offences, recovering the proceeds of corruption and corruption-related offences, and taking steps to prevent corruption. 1.3 The Office exercises full police and law enforcement powers in the performance of its functions. 1.4 The Office is independent and unique in its mandate. Its independence, by law, is assured in the proper sense, as the Special Prosecutor retains full authority and control over the investigation, initiation, prosecution and conduct of cases. 1.5 The OSP’s mandate is not only in respect of public officials. It has the authority to investigate and prosecute private persons and politically exposed persons. In this context, politically exposed persons are those who have been entrusted with prominent public functions in Ghana or in a foreign country or an international organisation such as senior political party officials, government officials, judicial officials, military officials, or a person who is or has been an executive in a foreign country of a state-owned company, or a senior political party official in a foreign country, or an immediate family member or close associate of such persons. II Developments 2.1 The Office concluded a substantial recruitment process for its initial establishment complement of staff. The Office received more than 6,000 applications contending for 249 positions cleared by Parliament and the Ministry of Finance. The exercise was conducted with the participation and assistance of the Public Services Commission; Attorney General and Ministry of Justice; Research Department of the Ministry of Foreign Affairs; Economic & Organised Crime Office; Commission on Human Rights & Administrative Justice; and Financial Intelligence Centre. There was also participation by the Governing Board of the Office comprising representatives from AntiCorruption Civil Society Organisations, Audit Service, Ghana Police Service, Economic & Organised Crime Office; Commission on Human Rights & Administrative Justice; Ministry of National Security, and Financial Intelligence Centre. The successful applicants are expected at post variously on or before 31 October 2023. The incoming officers would be a refreshing addition to ease the pressure on the overstretched skeletal staff and to assure enhanced and efficient operations of the Office. 2.2 In exercise of the corruption prevention powers of the Office, the Special Prosecutor, in August 2022 directed the Ghana Revenue Authority (GRA) to submit an Integrity Plan, to the Office, designed with the aim of preventing the corruption of the exercise of discretion by officials of the Customs Division of the Authority, especially in respect of the rendering of rulings, to assure the effective operation of the Customs Act, 2015 (Act 891) and the Revenue Administration Act, 2016 (Act 915). GRA complied with the directive in March 2023 and submitted the following designed and reworked documents: GRA Integrity Policy GRA Policy and Procedures on Advance Rulings iii. GRA Standard Operating Procedures on Advance Rulings GRA Integrity Plan Framework GRA Code of Ethics The OSP and GRA will work toward ensuring the implementation of these policies to reduce the incidence of corruption and improve the exercise of discretion at GRA. III Cases 3.1 In respect of the investigation and prosecution of specific cases of suspected or alleged cases of corruption and corruption-related offences, the Office first engages in intelligence gathering or “pre-investigation” to determine whether it should open investigation into a matter. The Special Prosecutor directs the opening of a preliminary enquiry or investigation where he determines that the matter is within the mandate of the Office. Where sufficient information is gathered, the Special Prosecutor directs the initiation of a full investigation. The Special Prosecutor directs the institution of criminal proceedings where it is determined that the Office has probative evidence to meet the standard of proof beyond reasonable doubt. 3.2 The Office takes especial care to safe-guard and protect the privacy and reputations of persons it investigates. To this end, the Office seeks to avoid unnecessary stigmatisation by conducting its operations with as little intrusion into the privacy of individuals and the business operations of companies as the circumstances permit 3.3 Thus, the Office only publishes the initiation or commencement of investigation where the Special Prosecutor deems the investigation in question to be at a threshold which dictates communication to the public. 3.4 The following are the various cases handled by the Office during the period under reference: A Prosecutions There has not been any convictions or acquittals in respect of the cases pending before the criminal courts during the period under review. Four (4) criminal cases are being tried before the courts. NR/TL/HC/CC1/13/23 The Republic v. Sumaila Abdul-Rahman; Stephen Yir-Eru Engmen; Patrick Seidu; and Andrew Kuundaari The trial of the former Chief Executive, former Deputy Chief Executive in charge of Operations, former Deputy Chief Executive in charge of Finance and Administration of Northern Development Authority and the Chief Executive A&QS Consortium Limited is pending before the Criminal Division of the
I am not scared of prosecution–Prof. Kwabena Frimpong Boateng
Former Minister of Environment, Science, Technology, and Innovation Prof Kwabena Frimpong Boateng, with so much confidence has said, he is not scared of prosecution by the Office of the Special Prosecutor. According to Prof Frimpong Boateng he was arrested by the OSP last month when he appeared to answer questions about suspected corruption and corruption-related offences in respect of the activities and expenditure of the dissolved IMCIM. He insisted that he did nothing wrong to warrant such action from the Special Prosecutor. Speaking with JoyNews an Accra based station, Prof. Frimpong Boateng said, if he is prosecuted, he is not scared. “Why should I be scared? I do not see any possibility of me being convicted. But look, in this life, the Son of God, Jesus Christ, was convicted and killed.” Professor Frimpong-Boateng, who once released a report exposing some persons undermining government’s fight against illegal mining (galamsey), said: “If bad people want to kill you, they know what to do to kill you. If people who have the power to do things want to ditch you, they will know how to do it because it happens. So whatever you are doing, we should be careful that we are doing everything in the interest of Ghana.” He said He shared what he experienced at the office of the special prosecutor Read below: “The background is that I received a letter from the OSP on May 13 or 14 to appear before them. I was to report on May 16 at 10:00 a.m. I did. The letter said they were investigating corruption and corruption-related activities of the IMCIM, which disturbed me a bit. I thought they were going to stop illegal mining, but anyway, I went there and was ushered into a room. My lawyers were next to me, and the Principal Investigator and some officers from that office were opposite me. “The Chief Investigator put his left hand on my shoulder and said, ‘You are under arrest.’ I asked, ‘Why am I under arrest? What are my charges?’ ‘Well, there are no specific charges. We are investigating corruption and corruption-related activities on the committee you chaired,’” he said in an interview with Joy News. “He asked if I was ready to answer some questions and I told him I would do my best. I was asked a lot of questions, and it took a little over 2 hours. After that, I was told I had to be bailed before I would be released. I was offered self-recognizance bail. A friend was in the lobby, so he came up and bailed me, and I left. I was told that if the need arises, I would be invited back to the office. That is what happened. And of course, some of the OSP officers went to see my friend’s place where he was staying to make sure that if I absconded, he would be able to produce me before the court. “I don’t feel comfortable going over the questions they asked me, because this is a prosecutor investigating me. It was a broad-based question on many topics, and I answered as best as I could. And so that was it. No, they didn’t come to my house,” he concluded.
OSP directs the prosecution of NDA CEO and two deputies over….
According to a written complaint dated June 15, 2022, which was addressed to the Special Prosecutor by Martin Luther Kpebu, a private legal practitioner, requesting for an investigation into the operations of NDA and the actions of its Chief Executive and Board Chairman. The report said: “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,”. According to the Office of the Special Prosecutor (OSP), after a thorough investigation conducted over a period of six months, engaging twenty persons over a period of four months he arrived at convincing conclusions. The OSP said in the report that, its established that there were some major breaches in a contract that existed between the government organization 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). “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. However, the OSP has further directed for the criminal prosecutions of the CEO, Sumaila Abdul-Rahman, and his two deputies Read the full report below: Investigation Report – Northern Development Authority and A&QS Consortium Limited Source: Apexnewsgh.com/Ghana For publication please kindly contact us on +233256336062 or Email apexnewsgh@gmail.com
Discontinue all auction sales till the investigation is concluded– OSP to Customs Division
The Office of the Special Prosecutor has started an investigation with the vehicles auctioning and items by the Customs Division of the Ghana Revenue Authority. A statement released from the Office of the Special Prosecution pointed out that the investigation will be on vehicles and items auctioned from 2016 to 2022. According to the statement, it has been written to the Customs Division to provide all necessary details of all the auctioned materials. Meanwhile, per the statement Customs Division has also been ordered to discontinue all auction sales till the investigation is concluded. Apexnewsgh.com/Ghana/Ngamegbulam Chidozie Stephen Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: 0555568093.
I am older than you-Colonel Kwadwo Damoah told OSP
Colonel Kwadwo Damoah, Commissioner of the Customs Division of the Ghana Revenue Authority (GRA, (retired) has accused the Office of the Special Prosecutor of some steps to discredit him. Whiles speaking to senior Customs officers at a retreat in Kumasi Wednesday, Colonel Damoah pointed out that the Office of the Special Prosecutor (OSP) had tried to indict him and the Deputy Commissioner of Operations of the GRA in an investigative report. Colonel Damoah described the Special Prosecutor’s investigation as hollow and actuated by malice. He said “Anybody who has read that report very well, would know that basis of that, and luckily for me, God is always on my side. Before that report came, that person had made a statement to some people who had come (to tell me that), he was going to publish something that will discredit me and he will do that and I even sent people to go and tell him that he’s a small boy and I am older than him. I have lived a meaningful life and if he attempts to destroy me, it won’t be easy for him”. “People have tried it, I have survived and this one too I will survive,” He alleged that the Special Prosecutor, Kissi Agyebeng had targeted him because he blocked one Mr. Akurugu from being seconded to the OSP. “He (Special Prosecutor) calls me to his office in relation to LaBianca and at the end of it he talks to me about this same matter and I say yes it is not the Commissioner General (of GRA), I wrote it, go and check and I have my reasons, he will not be released to you, he will be in customs and then behind me, he goes to resign, he is given the position of Commissioner of Police and he is now with your office and he goes to make allegations that Mr. Adu Kyei and myself we hate him and they will deal with us, so that is it, that is the basis of that publication…” Office of the Special Prosecutor’s report In its investigative report, the OSP cited one Joseph Adu Kyei, a Deputy Commissioner of Customs in charge of Operations, for issuing an “unlawful customs advance ruling”. Mr. Kyei’s action is said to have led to the reduction of the benchmark values of the frozen foods imported by Labianca Limited, thereby reducing the company’s tax obligations to the state. The Special Prosecutor issued an interim directive to Labianca Company Limited to pay an amount of GH¢1,074,627.15, representing the short collection or shortfall of revenue arising from the issuance of the unlawful customs advance ruling by the Deputy Commissioner for Customs in charge of operations, Mr. Joseph Adu Kyei into the Asset Recovery Account of the Office of the Special Prosecutor. Apexnewsgh.com/Ghana Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: 05555568093
Breaking News: OSP starts investigation of alleged corruption in Northern Development Authority
The Office of the Special Prosecutor has intensified its investigation on alleged corruption activities at the Northern Development Authority (NDA) According to a letter sighted by Apexnewsgh.com, the Office of the Special Prosecutor has commenced an investigation into suspected corruption and corruption-related offenses in respect of the award of the consultancy service contract by the Northern Development Authority to the A&Q consortium. The letter further says: “You are directed to produce to the OSP all documents relating to the contractual relationship between Northern Development Authority and A&Q consortium including approval by public procurement Authority”. “You are directed to comply by close of business 7 July 2022” the letter concluded Meanwhile, the alleged corruption under OSP includes: 1. Sharing of COVID funds? 2. Registering official vehicles in individual names? 3. Wrong doing in the award of contract to A&Qs Consortium? The letter was signed by the Special Prosecutor Kissi Agyebeng. Apexnewsgh.com/Ghana/Ngamegbulam Chidozie Stephen Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: 05555568093
Declare your assets, AG told OSP Board Members
The Minister for Justice and Attorney-General (AG), Godfred Yeboah Dame has admonished board members of the Office of the Special Prosecutor (OSP) to declare their assets. The AG made the pronouncement on Tuesday, June 21, 2022, during the swearing-in of the board of the Office of the Special Prosecutor. The AG said: “I entreat you to be mindful of the duties and liabilities of a member of the board under section 7 of Act 959. “A violation of this provision will result in cessation of your membership on the board,” the AG said. “May I also remind you of your very important obligation to declare your assets in accordance with article 286 of the Constitution as well as the disclosure of interest obligation under section 10 of Act 959, whenever a member of the board has an interest in any matter coming up for consideration. Faithful adherence to these simple duties holds far-reaching implications for your record in public life.” He added. Apexnewsgh.com/Ghana Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: 05555568093
Use auditor general’s report to end corruption-Pentecostal council to OSP
The Ghana Pentecostal and Charismatic Council (GPCC) has suggested to the Office of the Special Prosecutor to make good use of the auditor general’s reports to effectively fight corruption in Ghana. The council, after deliberations at its 2022 conference of heads of churches and organisations, bemoaned the increasing cases of corruption and mismanagement of public funds by metropolitan, municipal and district assemblies and state-owned enterprises as revealed by the 2020 Auditor General’s report. According to the Pentecostal Council, the worrying trend of corrupt practices in the AG’s annual reports should prompt the special prosecutor to take a keen interest in dealing with the canker. More taxes, zero corruption “While Ghanaians are being called upon to pay more taxes to facilitate development, we have public officers embezzling, misapplying and misappropriating public funds through various corrupt activities causing the state to lose billions of Ghana Cedis, with most culprits going unpunished over the years.” Call to action “We, therefore, call on the Office of the Special Prosecutor to take a keen interest in the reports of the Auditor-General to save this country from the brink of social upheavals. “…We reaffirm our strong belief in the Ghanaian through the Church of Jesus Christ, to rise once again to the challenges of nation-building, urging all to eschew all forms of negative attitudes that drawback national progress but instilling in us the sense of patriotism.” Go after stolen State funds OccupyGhana, a leading Ghanaian pressure group, on 5 February 2022, issued a seven-day ultimatum to the Auditor-General to go after state funds recorded in the 2019 and 2020 audit reports as having been misused, or risk being sued. OccupyGhana in their statement said, “if we are not assured of any action being taken by your office on this action within the next seven (7) days, we will proceed with legal action including sending a petition to the Right To Information (RTI) Commission for you to provide information to us on your compliance or otherwise with the mandatory provisions of the Constitution and its demand that you disallow and surcharge the relevant persons with (i) any illegal expenditures, (ii) amounts not duly brought into account, and (iii) the amounts of all losses or deficiencies arising from negligence or misconduct.” Nicholas Brown Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: 05555568093
NDC files another election petition
The National Democratic Congress (NDC) has filed an election petition – this time with the Inspector-General of Police – over alleged infractions by the Electoral Commission, Ghana (EC) in last year’s polls. According to the legal team of the party, this is in direct response to the apparent challenge thrown by the EC over allegations made by John Dramani Mahama. After Mr Mahama alleged that the EC had stuffed the ballot boxes with over one million votes to favour incumbent Nana Addo Dankwa Akufo-Addo, the EC called on police to investigate this claim. “This is a grave matter that undermines the credibility of our electoral process and should not be ignored,” a Deputy Commissioner in charge of Corporate Services, Dr Eric Bossman Asare, told journalists at a press conference on Monday, October 25. “We call on [John Dramani Mahama] to provide evidence to support this claim,” he demanded. “This is not a matter that should be ignored and we call on the Ghana Police Service to investigate.” At a press briefing on Tuesday, November 9, member of NDC’s Legal Team Abraham Amaliba disclosed that “the party saw it fit to as it were present to the IGP the evidence that we have complained about that over one million presidential ballot papers were printed by the EC and that we thought that that affected the credibility of the elections”. He said the largest opposition party wants the conduct of the EC to be brought to book. The two-pronged petition, according Mr Amaliba, wants the IGP, Dr George Akuffo Dampare “to investigate and then prosecute persons who were involved in the printing of the over one million excess ballot papers”. “These persons could also include Innolink, one of the companies that had the responsibility to print the ballot papers and whose care we saw the excess one million ballots.” He said the second part is seeking an update on the “atrocities and violence” that took place in the elections. “What has the police done so far? Have they prosecuted anybody? Have they opened any docket?” —3news Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: 05555568093
I prefer to wear my own shoes as Amidu’s successor – Agyebeng
Special Prosecutor nominee Kissi Adjabeng has said he prefers to be his own man rather than fll the shoes of his predecessor Mr Martin Amidu. The 43-year-old law lecturer told parliament’s Appointments Committee on Thursday, 22 July 2021: “I prefer to wear my own shoes in the sense that I am my own man and I am coming with my own experiences and professional training conscience and learning of the law as my strategy”. He also described claims made by Mr Amidu against him that he was a surrogate of the botched Agyapa deal, as “uninformed”. “I wasn’t involved in the deal. I was nowhere near it. Indeed, until it started coming up, I didn’t even know what it was”. According to him, “whoever says I am a surrogate of a law firm or implicates me in the Agyapa transaction clearly does not know me because if you know me, you wouldn’t make such allegations”. “All these things that came up, I took them as coming from uninformed positions because I was not involved in the Agyapa transaction in any form or manner.” Mr Amidu had said in a harangue that Mr Agyebeng’s closeness to Attorney General Godfred Dame and President Nana Akufo-Addo’s cousin, Mr Gabby Asare Otchere-Darko, who owns Accra-based Asaase Radio and also co-founder of Africa Legal Associates, a law firm involved in the controversial Agyapa Royalties deal, would undermine his independence. “Asaase Radio should also have told the Ghanaian and international public that its surrogate and nominee Special Prosecutor in the published letter is a personal friend and classmate of the Attorney General, and the owner of Asaase Radio, all of whom attended the University of Ghana’s Faculty of Law, and Ghana Law School”, Mr Amidu wrote. “Asaase Radio and the nominator of the proposed new Special Prosecutor know or ought to have known the extent of the involvement of their surrogate as a lawyer for suspects in pending suspected corruption cases in which the government showed an undue interest in the Office of the Special Prosecutor, which I await to see how independently and impartially those cases will be handled to the conclusion should the President submit the name of the nominee to Parliament, he is approved, and then appointed,” Mr Amidu added. Mr Agyebeng, however, told the committee: “As for relationships, the fact that I was so close to you at some point in our lives would not give you the free pass because of that relationship”. “If there is a matter, I’m not going to say because I know one person or the other, I’m going to give the person a free pass”. “I’m certainly going to investigate, but the truth of the matter ought to be told.” “For the record, that is the truth, and so I am no one’s surrogate. I am my own man, and I prefer to wear my own shoes”, he noted. —classfm Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: 05555568093









