Office of the Special Prosecutor

The Office of the Special Prosecutor (OSP) is a specialised independent anti-corruption agency established by an act of the Parliament of Ghana to investigate and prosecute acts of corruption and corruption related offences. It is also responsible for recovering proceeds of corruption and take steps to prevent it.

The OSP is the premier enforcer of Ghana's anti-corruption laws, and it is the only state agency empowered to carry out criminal prosecution of corruption and corruption related offences.

Background
The Office of the Special Prosecutor (OSP) was established in 2018 as the gold standard and flagship specialised independent anti-corruption institution in Ghana, in pursuance of the United Nations Convention against Corruption (UNCAC). The OSP has the object of investigating and prosecuting specific cases of alleged or suspected corruption and corruption-related offences in the public and private sectors, recovering the proceeds of such acts by disgorging illicit and unexplained wealth and taking steps to prevent corruption.

The specialized attribute of the OSP particularly lies in its fortification with the cure of the inadequacies of the existing anti-corruption agencies by being designed as a comprehensive anti-graft agency with investigative, prosecutorial, intelligence gathering, surveillance, and counter-surveillance, police, national security, and revenue-generating powers.

The OSP derives its powers mainly from the Office of the Special Prosecutor Act, 2017 (ACT 959), Office of the Special Prosecutor Regulations, 2018 (L.I. 2373), Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374), and other laws bearing on the suppression and repression of corruption.

In addition to taking its own initiative, the OSP also receives and acts on referrals of investigations of alleged corruption and corruption-related offenses from Parliament, the Auditor-General, the Commission on Human Rights and Administrative Justice, the Economic and Organised Crime Office, and any other public institution. The Office also receives and acts on complaints from private entities and individuals.

Object of the office
The object of the office is to:


 * Investigate and prosecute specific cases of alleged or suspected corruption and corruption-related offences;
 * Recover the proceeds of corruption and corruption-related offences;
 * Take steps to prevent corruption.

Vision and mission
The vision of the office is to render corruption costly and unattractive in all its forms in the public and private sectors through sustained repression and suppression

Whereas the mission is to investigate and prosecute 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

Mandate
The Office of the Special Prosecutor (OSP) is an independent specialized agency responsible for performing four main functions:

Hint: Is there a difference between the Attorney- General/ Ministry of Justice(AG/MoJ)and the Office of the Special Prosecutor (OSP)?
 * The OSP is tasked with investigating specific cases of alleged or suspected corruption or corruption-related offences involving public officers and persons who have been entrusted with prominent public functions in Ghana or a foreign country or an international organization such as senior political party officials, government officials, judicial officials, military officials, a person who is or has been an executive in a foreign country of a state-owned company, a senior political party official in a foreign country, and an immediate family member or close associate of such a person, as well as persons in the private sector involved in the commission of such offences.
 * The OSP is mandated to prosecute offenders involved in the commission of corruption and corruption-related offences on the authority of the Attorney-General.

'The AG/MoJ is the principal legal adviser to the Government. It is responsible for the initiation and conduct of all prosecutions of criminal offences, with the exception that the OSP’s prosecutorial power, though derived from that of the AG/MoJ, is secured by law and it is exercised without specific reference to the AG/MoJ.'
 * The OSP is empowered to recover the proceeds of corruption and corruption-related offences.
 * The OSP is required to stake steps to prevent corruption.

The multi-faceted mandate of the OSP set it out as a unique and specialized public institution performing:


 * Police functions;
 * Investigation functions;
 * National security and Intelligence functions;
 * Revenue generation functions;
 * Leadership.

Governing body
In accordance with section 5(1) the Governing body of the Office is constituted as follows:


 * The Special Prosecutor;
 * The Deputy Special Prosecutor;
 * One representative of the Audit Service not below the rank of a director nominated by the Auditor-General;
 * One representative of the Ghana Police Service;
 * One representative of the Economic and Organized Crime Office;
 * One representative of the Financial Intelligence Centre;
 * One representative of the Commission on Human Rights and Administrative Justice;
 * One person with background in intelligence nominated by the Minister responsible for National Security;
 * One other person who is a female representing the Anti-Corruption Civil Society Organizations.

2021–present

 * Kissi Agyebeng – Special Prosecutor

2018–2020

 * Martin Amidu – former Special Prosecutor

Divisions

 * Investigations Division
 * Mr. Emmanuel Basintale Amadu
 * Prosecutions Division
 * Isidore Kwadwo Tufuor Ph. D.
 * Assets Recovery & Management Division
 * Mr. Albert Akurugu
 * Strategy, Research & Communication Division
 * Mr. Samuel Appiah Darko
 * Operations Division
 * Finance Division
 * Human Resource and Administration Division
 * Ms. Boakyewaa Glover

Cecilia Dapaah case
The Office of the Special Prosecutor commenced investigation in July 2023 in respect of suspected corruption and corruption-related offences regarding large amounts of money (mainly in foreign denominations) and other valuable items involving Ms. Cecilia Abena Dapaah, a former Minister of Sanitation and Water Resources and her spouse, Mr. Daniel Osei-Kufour.

Contracts for sale exposé
On 17 April 2024, the OSP filed fresh charges against the former Chief Executive Officer of the Public Procurement Authority, Adjenim Boateng Adjei. He faces eight charges related to the misuse of public office for personal gain and manipulation of the procurement process to gain an unfair advantage in securing procurement contracts.

Additionally, one charge of misusing public office for personal profit against his co-accused, Francis Kwaku, who happens to be his brother-in-law, has been dropped.

Wealthy businessman
The Office has concluded and closed investigation into alleged attempted bribery of the majority caucus of the Parliament of Ghana by an undisclosed well-known and wealthy businessman.

The investigation showed that circa September 2022, eighty (80) Members of Parliament of the New Patriotic Party (NPP) publicly called for the resignation or removal of the Minister for Finance, Mr. Kenneth Nana Yaw Ofori-Atta over complaints of his inability to properly manage the economy of Ghana.

The investigation showed that a wealthy businessman did in fact attempt to offer money to a section of the majority caucus of Parliament with the intention of influencing their demand for the resignation or removal of Mr. Ofori-Atta as Minister for Finance. It also showed that the monetary offer was apparently rejected by the contacted Members of Parliament. However, the potential key witness - Mr. Appiah-Kubi’s refusal to disclose the identity of the suspect effectively defeated the investigation.

Northern Development Authority
The Office has concluded investigation into suspected corruption and corruption-related offences in respect of a contract awarded by the Northern Development Authority to A&QS Consortium Limited for consultancy services under the Infrastructure for Poverty Eradication Programme (IPEP), especially in respect of the quantum of the contract sum.

Juaben MCE nominee
The Office of the Special Prosecutor (OSP) has charged the nominee for the position of Chief Executive of Juaben Municipal Assembly, Alexander Kwabena Sarfo-Kantanka with Twenty-Six (26) counts of corruption in respect of a public election – arising out of two public elections conducted in September and November 2021 for the confirmation or otherwise of his nomination.

Charles Adu Boahen Case
The Office has concluded and closed investigation of a referral by the President and a complaint by a private investigation firm, Tiger Eye P.I. regarding allegations of corruption and corruption-related offences involving a former Minister of State at the Ministry of Finance, Mr. Charles Adu Boahen. The allegations were contained in an investigative documentary, titled Galamsey Economy  published by a celebrated Ghanaian investigative journalist, Anas Aremeyaw Anas and his associates operating under the corporate name of Tiger Eye P.I.

The investigation concluded that though the conduct of Mr. Adu Boahen amounts to trading in influence or influence peddling, which is closely associated with corruption, there was no actual criminal prohibition of his acts in respect of which the Office had a mandate to further act. The investigation may be re-opened should the circumstances and further facts so dictate.

Customs Division of Ghana Revenue Authority
Following the publication by the Office of an investigation report on 3 August 2022 in respect of a complaint against Labianca Company Limited and the Customs Division of Ghana Revenue Authority, the Special Prosecutor directed the commencement of a wider investigation into the issuance of customs advance rulings and markdowns of benchmark values.

The OSP has also commenced investigation into suspected corruption and corruption-related offences in respect of the auction sales of vehicles and other goods by the Customs Division between 1 July 2016 and 15 August 2022.