Ghana is currently witnessing a transformative period in its fight against corruption, marked by the vigorous “Operation Recover All Loot” (ORAL) campaign, being championed by President Mahama.
Spearheaded by the Office of the Attorney General and Minister of Justice, this initiative goes beyond mere prosecution, focusing equally on the recovery of state assets unlawfully diverted into private hands.
Dr. Justice Srem Sai, the Deputy Attorney General and Minister of Justice, recently provided a comprehensive overview of the campaign’s multifaceted approach, highlighting significant progress and a renewed commitment to accountability and the rule of law.
“ORAL basically is to pursue things that belong to the state, which we believe have been taken away from the state into private pockets unlawfully, and we are not just pursuing the persons who are suspected to have stolen these things, but we are also pursuing the stolen items themselves.”
Dr Justice Srem Sai, Deputy Attorney General and Minister of Justice
This ambitious endeavour, Dr Srem Sai noted, necessitates a delicate balance between the imperative to recover and prosecute and the fundamental adherence to the rule of law, which safeguards human rights and protects individuals and their property from arbitrary state interference.
The meticulous nature of this balancing act underscores the complexity of the legal processes involved. The criminal procedure, as outlined by Dr. Srem Sai, is a rigorous multi-stage process designed to ensure fairness and uphold legal standards.
It commences with a complaint or a reasonable suspicion of wrongdoing against a public officer. This initial step triggers an investigation, a crucial phase dedicated to gathering robust and verifiable evidence.
Unlike simply taking a complainant’s word, Dr Srem Sai argued that investigators must meticulously confirm the veracity of all information and ensure its legal tenability in court. This often involves extensive data collection and analysis, leading to the next stage: docketing.
According to the Deputy AG, docketing is where raw investigative findings are transformed into a coherent and legally sound case file.
“Now, this docket is not just materials that you think will help you to convict the accused. The law says that even material that will make you give the accused a defence, or we call them escarpatory materials, the things that the defence can rely on to even go scot free”.
Dr Justice Srem Sai, Deputy Attorney General and Minister of Justice
He emphasised that the culmination of the docketing process is the drafting of the charge sheet, a highly strategic undertaking. As Dr. Srem Sai explained, simply having evidence of theft does not automatically dictate a charge of stealing.
Strategic Application of Rules
For him, prosecutors must carefully weigh various offences, considering which has the highest probability of success and best serves the pursuit of justice. This strategic thinking and analysis are critical to building a robust case.
Once charges are formalised, Dr Srem Sai noted that the accused person is arraigned before a court, where the charges and facts are read, and a plea is entered. This marks the commencement of the trial, a stage replete with its own intricate procedures.
Central to this is the disclosure process and case management conference, where the prosecution provides the accused with all evidence against them, as well as any exculpatory materials. This transparency allows the defense to prepare effectively, raising objections or agreeing on admissible evidence.
Dr. Srem Sai cited the recent Adu Boahene case, where the case management conference alone spanned several hours due to the sheer volume of disclosed documents, illustrating the thoroughness of this phase.
Following these preparatory steps, the prosecution begins presenting its case by calling witnesses. This can be a lengthy process, often spanning several weeks even with daily proceedings.
The evidence presented is then rigorously tested to determine if a prima facie case has been established against the accused. If so, the defence then has the opportunity to present its case, calling witnesses and providing counter-evidence or justifications.
This stage can be equally, if not more, time-consuming than the prosecution’s case. Ultimately, the court delivers its judgment, and if successful, sentencing and incarceration follow.
ORAL and Asset Recovery
However, Dr Srem Sai pointed out that the ORAL campaign extends beyond the traditional criminal trial, incorporating a distinct and equally vital aspect: asset recovery. This parallel procedure, he noted, begins with the identification of assets believed to be proceeds of crime.
Here, Dr Srem Sai indicated that a court application is then made to freeze these assets, preventing their dissipation, transfer, or unauthorised use, adding that once preserved, the onus is on the prosecution to demonstrate to the court that these assets are indeed the fruits of illegal activity. If the court concurs, the assets are then recovered.
Interestingly, some recovery processes are civil in nature. Dr. Srem Sai provided an example of a contractor who received state funds for a road project but failed to deliver. In such instances, a civil action for “money had and received” can be initiated, compelling the individual to voluntarily return the funds.
This dual approach – criminal prosecution and civil recovery – significantly strengthens the state’s capacity to reclaim illicitly acquired wealth.
“This state, these activities take a lot of time, and so, you have to be diligent because the nature of criminal law is that the least doubt, reasonable doubt, could just let an accused person go scot free.
“It doesn’t matter what you think you have. If there is any doubt in the process, in everything that I’ve said, if there is any doubt, the accused person goes scot free, the money goes. So it requires a lot of diligence”.
Dr Justice Srem Sai, Deputy Attorney General and Minister of Justice,
Concrete Updates
Providing a concrete update on the campaign’s progress, Dr. Srem Sai revealed that two major prosecution cases are currently before the courts: the Sky Train case and the Kwabena Adu Boahene case.
Beyond these high-profile trials, Dr Srem Sai noted that investigations have concluded in several other significant cases. He specifically highlighted the National Service Secretariat (NSS) case, which encompasses various aspects, including projects undertaken by the secretariat and, more notably, the payment of “ghost” national service personnel.
According to him, the investigative report on the “ghost names” aspect of the NSS case was recently submitted, identifying 22 accused persons. However, Dr. Srem Sai indicated that the final number of defendants appearing in court is likely to be lower.
This is due to ongoing conversations with some of the accused, many of whom have expressed a willingness to return the unlawfully acquired funds, totaling over GHS 500,000,000.
These individuals are also being considered as potential witnesses against those who refuse to cooperate. Furthermore, plea bargaining, a relatively new addition to Ghana’s legal framework, offers another avenue for resolution, allowing accused persons to admit guilt in exchange for reduced sentences and the return of illicit gains.
More Cases
The ORAL report initially identified 33 cases, but Dr. Srem Sai confirmed that the current caseload has surged to over 50. This significant increase underscores the growing public determination for accountability.
For him, Ghanaians are actively coming forward with complaints and documentary evidence against former government officials, a testament to the heightened trust in the ORAL campaign. Remarkably, Dr Srem Sia disclosed that even some former government appointees are providing information against their own colleagues, including high-ranking officials.
Dr. Srem Sai noted that while the media often sensationalizes arrests, a large number of those under investigation or on bail are cooperating quietly, respecting the legal process.
He commended the tireless efforts of investigative agencies, including the Police, NIB, EOCO, and the Office of the Special Prosecutor, who work around the clock, often at short notice, to secure warrants and gather evidence.
This dedication refuted claims of a slow process, asserting instead that the wheels of justice are turning with commendable speed.
Bargaining Mechanisms and Recovery Systems
A key factor in the anticipated success of asset recovery is the newly enshrined plea bargaining mechanism, which explicitly includes recovery as one of its objectives.
This legal framework, coupled with a sophisticated asset recovery system developed within the Attorney General’s Department, Dr Sre Sia posited, empowers authorities to trace assets through legitimate means.
Dr. Srem Sai cited the Adu Boahene proceedings, where disclosures included approximately 60 bank statements and correspondences, illustrating the intricate web of financial transactions that can be uncovered.
The ability to meticulously track the movement of money, even down to the minute and day, provides a clear picture of how funds were diverted and where they ultimately landed.
To enhance this capability, the Deputy AG indicated that a specialised unit dedicated to asset tracing and recovery has been established within the Attorney General’s Department.
While some personnel are repurposed from existing agencies like EOCO, the unit aims to consolidate expertise in this crucial area. This proactive approach marks a departure from previous practices, where the focus was primarily on prosecution without a robust mechanism for asset recovery.
The unit’s mandate extends to tracing assets moved offshore, with the Attorney General’s office actively engaging foreign investigators specializing in international asset tracing.
The prevalence of money laundering charges in almost all filed cases further highlights the sophistication of the illicit financial schemes being targeted, often involving the use of real estate in other countries to wash dirty money.
Addressing concerns of persecution, particularly in the case of Chairman Wontumi, Dr. Srem Sai firmly refuted such allegations. He emphasised that the Attorney General’s Department and other law enforcement agencies are committed to upholding human rights and the rule of law.
The balance between the rights of suspects and the pursuit of justice necessitates discretion in releasing investigative details before a docket is fully built.
He reaffirmed that neither he nor his superior, nor President Mahama, would tolerate any misuse of office for political persecution, reiterating their personal commitments to human rights and good governance.
The ORAL campaign, he therefore stressed, stands as a testament to Ghana’s unwavering resolve to combat corruption, recover stolen wealth, and ensure accountability for all.
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