EOCO handling AKSA probe because case goes beyond bribery — Srem-Sai
His comments follow questions over why the Office of the Special Prosecutor is not leading the local investigations into the scandal. Dr Srem-Sai rejected suggestions that assigning the matter to EOCO was intended to sidestep the OSP.
Deputy Attorney-General Dr Justice Srem-Sai has defended the decision for the Economic and Organised Crime Office to lead Ghana’s local investigations into the AKSA bribery scandal.
He says the matter is not limited to bribery and corruption, but may also involve offences such as money laundering, which fall within EOCO’s mandate.
Speaking to JoyNews’ Evans Mensah, Dr Srem-Sai said the choice of EOCO was based on the legal responsibilities of the various state investigative bodies.
His comments follow questions over why the Office of the Special Prosecutor is not leading the local investigations into the scandal.
Dr Srem-Sai rejected suggestions that assigning the matter to EOCO was intended to sidestep the OSP.
According to him, the issue should not be treated as a contest between investigative agencies.
“It is not a question of ‘I want to do it, I want to do it.’ Yes, you want to do it, but who has the mandate to do what ought to be done?” he asked.
He said state institutions may collaborate depending on the offences disclosed by the evidence.
Dr Srem-Sai maintained that the ultimate objective is to ensure that the right institution investigates the relevant offences.
Asked whether EOCO was considered more efficient than the OSP for the assignment, he pointed to EOCO’s institutional experience.
“I think the record will show — EOCO’s work over the years,” he said.
He added that EOCO’s longer history gives it experience in dealing with economic and organised crime.
“It’s an institution which — the older the institution, the more efficient and more likely it is to be,” he said.
The explanation comes amid criticism of the OSP’s handling of the AKSA matter.
Private legal practitioner Martin Kpebu has questioned the office’s ability to conduct an impartial investigation and has alleged that the case was suppressed under former Special Prosecutor Kissi Agyebeng.
Dr Srem-Sai also disagreed with calls for the investigation to be handed to a separate independent body.
He said the mere description of an institution as independent does not automatically guarantee effective or interference-free investigations.
He said decisions within the Attorney-General’s Department must follow legal processes and be supported by reasons.
According to him, a senior official who disagrees with the view of a state attorney must document the basis for that disagreement.
“So before I take a decision that I disagree with this state attorney’s view, I must put on paper my basis for that disagreement,” he said.
He added that such decisions must be based on law and relevant authorities, not political instructions.
Dr Srem-Sai argued that proper documentation makes it difficult for any official to permanently bury a case.
He said decisions taken by one administration can be reviewed by another.
“When we leave, you cannot save anybody because a new sheriff will come and review the files,” he said.
He maintained that public focus should be on the capacity and effectiveness of investigative bodies rather than labels of independence.
The local investigation follows the conviction in the United States of Kwaku Asante Berko, a former Goldman Sachs banker and former Managing Director of the Tema Oil Refinery, over a bribery scheme linked to a power plant project in Ghana.
