OSP is Ghana’s best weapon in fight against corruption-Kissi Agyebeng

At the African Union High-Level Conference on Ghana’s Anti-Corruption Architecture, held in Accra last Friday, Special Prosecutor (SP) Kissi Agyebeng emphasized the significance of the Office of the Special Prosecutor (OSP) in tackling corruption. He hailed the OSP’s operational independence and broad mandate as crucial in the nation’s ongoing battle against corruption, describing it as “our best bet in tackling corruption.”

Agyebeng stated that the OSP was designed to address the shortcomings of traditional anti-corruption methods that lacked enforcement powers and independence. He highlighted that the OSP’s creation under the Office of the Special Prosecutor Act, 2017 (Act 959), has positioned it as a flagship institution with the ability to independently investigate, prosecute, recover, and manage assets related to corruption cases. The law also allows the OSP to take preventive steps against corruption.

A Unique Legal Framework

The SP explained that the OSP’s model gives it full control over investigations and the initiation of criminal proceedings, ensuring its operations remain politically neutral and non-selective. For the first time, the fight against corruption in Ghana extends beyond public officeholders to include politically exposed persons (PEPs) and individuals in the private sector.

In his remarks, Agyebeng also praised the OSP for meeting Ghana’s international obligations under both the United Nations and African Union anti-corruption conventions. He noted that the legal foundation of the OSP is grounded not only in domestic law but also in international principles, including the Jakarta Statement on Principles for Anti-Corruption Agencies, which calls for independence, clear mandates, and sufficient resources.

Strengthening the OSP Model

Acknowledging that no system is without its flaws, Agyebeng urged for the OSP model to be strengthened during the ongoing constitutional review process to address the complexities of modern financial crimes. He identified several challenges undermining the fight against corruption, including the slow adaptation of laws to new criminal innovations, secrecy surrounding corrupt activities, and the difficulty in proving grand corruption, especially when the perpetrators are wealthy and well-connected.

Need for Lifestyle Audits and Non-Conviction-Based Asset Recovery

One of the key proposals Agyebeng put forward was the establishment of a legal basis for lifestyle audits and non-conviction-based asset recovery. He stressed the importance of developing a robust system that could withstand serious threats and suggested the inclusion of a “reverse onus clause” to help confiscate wealth acquired through illicit means. Under this clause, individuals whose wealth is disproportionate to their known income would be presumed to have acquired it corruptly unless they could satisfactorily explain its source.

Agyebeng called for these mechanisms to be integrated into Ghana’s anti-corruption framework to enhance the country’s ability to detect and seize illicit wealth, even without criminal convictions.

A Commitment to Combating Corruption

The Attorney-General and Minister of Justice, Dominic Akuritinga Ayine, also expressed the government’s commitment to fighting corruption, highlighting that the country’s approach is grounded in the core values of Ghana’s Fourth Republican Constitution. He added that the conference’s ideas, recommendations, and partnerships would help move Africa closer to institutionalizing integrity, making public office a trusted responsibility rather than a personal privilege.

The conference, organized by the African Union Advisory Board Against Corruption (AUABC), marked two decades of the African Union Convention on Preventing and Combating Corruption (AUCPCC) and aimed at revitalizing Africa’s anti-corruption architecture. It featured key figures such as Vice-President Professor Naana Jane Opoku-Agyemang, CHRAJ Commissioner Joseph Whittal, and various international stakeholders.