In combating corruption and upholding justice, the Office of the Special Prosecutor (OSP) in Ghana has made significant strides since August 2021. Despite these achievements, the recent lamentations by Special Prosecutor Kissi Agyebeng regarding the challenges faced by the OSP in the judicial system cast a shadow over its commendable efforts.
One of the notable successes highlighted by the OSP is the disruption of a counterfeit foreign currency manufacturing syndicate. Seizures were made in warehouses in Accra and Tema, uncovering a substantial amount of counterfeited forty million dollars ($40,000,000.00). This action not only combats economic crimes but also underscores the OSP’s commitment to safeguarding the nation’s financial integrity.
The OSP also played a pivotal role in the suspension of a $22 million lease agreement between the Tema Oil Refinery (TOR) and Tema Energy and Processing Limited. The suspension was initiated for corruption risk investigations, emphasizing the agency’s dedication to preserving public assets. The potential jeopardy to over $450 million of national assets underscores the critical importance of the OSP’s intervention in preventing corruption-related risks.
“If this decision was by any means induced or influenced by corruption or corruption-related activity, and it is established that such inducement led to an unqualified company to access or operate the assets in question, more than $450 million of national assets could have been endangered.”
Kissi Agyebeng
Moreover, the OSP’s inquiry into the misuse of Customs Advance rulings and benchmark values led to parliamentary action eliminating provisions allowing discretionary practices. This legislative response effectively closed loopholes that facilitated the circumvention and underpayment of duties and taxes on imported goods. By doing so, the OSP protected the nation from potential revenue losses and thwarted unscrupulous practices that could compromise the country’s financial well-being.
However, these accomplishments come against the backdrop of the OSP expressing frustration with the judicial treatment of its cases. Special Prosecutor Kissi Agyebeng emphasized the importance of the judiciary not interfering with the investigative and prosecutorial powers granted to the OSP by law. Recent court decisions granting immunity from investigation and prosecution in corruption-related cases have raised concerns about the potential hindrance to the fight against corruption.
Agyebeng highlighted the danger of such decisions, stating, “The real and present danger looms largely on the consideration that, by so doing, persons under investigation would conscript the judiciary to clothe them with immunity from investigation and prosecution.” This raises critical questions about the effectiveness of the OSP and the respect it receives within the judicial system.
Supporting OSP To Succeed
It is imperative for Ghana to recognize the vital role played by the OSP in fighting corruption, safeguarding national assets, and promoting transparency. The successes achieved underscore the need for continued support and a collaborative effort from all stakeholders. The challenges faced by the OSP in the courts necessitate a re-evaluation of the judiciary’s approach to cases involving the OSP, ensuring a fair and impartial adjudication process.
“We need to support the special prosecutor.”
Afenyo Markin
All state institutions must be in sync with the fight as well. The fight left to the OSP alone will yield limited fruits compared to a collective effort from all arms, agencies and enterprises of state. As well, government must support other state institutions, such as CHRAJ, that fight corruption equally to effective win on all fronts.
As such, as Ghana strives for a corruption-free society, the nation must rally behind the OSP and provide the necessary support to bolster its efforts. The fight against corruption requires a united front, and the OSP’s achievements should serve as a rallying point for collective action in preserving the principles of justice and integrity.
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