169
Investigations
3
Prosecutions
GHS 1 million +
Recovered
GHS 101 million +
Savings
GHS 799 million +
Suspended Transactions.
6 million +
People Sensitized
Prosecution
The OSP is prosecuting a number of corruption and corruption-related offences as mandated by section 2 (a) of the Office of the Special Prosecutor Act, 2017 (Act 959).
The cases are at different stages of the trial process. Despite no convictions yet, the ongoing prosecutions are indicative of the Office’s commitment to bring all persons, regardless of social status and partisan affiliation, to face the law when corruption and corruption-related offences are levelled against them.
Prosecutions are a major means of making corruption costly and unattractive.
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| S/N | Indicator | 2024 | 2023 | 2022 | Disaggregation | Frequency of Collection | |
|---|---|---|---|---|---|---|---|
| 1 | Number of prosecutions initiated | TBD | 2 | 2 | None | Bi-annual | |
| 2 | Pending prosecutions | TBD | 3 | 0 | None | Bi-annual | |
| 3 | Number of convictions | TBD | 0 | 0 | None | Bi-annual | |
| 4 | Number of acquittals | TBD | 0 | 0 | None | Bi-annual | |
| 5 | Number of Discontinuances. | TBD | 1 | 1 | None | Bi-annual | |
| 6 | Plea bargaining | TBD | 0 | 0 | None | Bi-annual | |
| 7 | Number of civil cases/processes. | TBD | 6 | 3 | None | Bi-annual | |
| 8 | Number of pending civil cases/processes. | TBD | 1 | 3 | None | Bi-annual |
Investigation
The OSP is emmpowered by section 3 (1) (a)(b)(c) of Act 959 and regulation 6 of the L.I. 2374, to investigate acts of corruption and corruption related offences if the circumstances indicate same. Subsequent to pre-investigation processes, the OSP proceeds to perform thorough forensic investigations to substantiate facts of the alleged acts of corruption to enable successful prosecutions.
| S/N | Indicator | 2024 | 2023 | 2022 | Disaggregation | Frequency of Collection | |
|---|---|---|---|---|---|---|---|
| 1 | Number of investigations initiated | TBD | 169 | 136 | None | Bi-annual | |
| 2 | Number of investigations concluded | TBD | 4 | 5 | None | Bi-annual | |
| 3 | Number of special reports issued | TBD | 3 | 1 | None | Bi-annual |
Asset Recovered
In the event of successful prosecutions or the determination of the OSP that acts of corruption or corruption-related offences have occurred, it is empowered under section 65 of the Office of the Special Prosecutor Act, 2017 (Act 959) to, confiscate, recover, and manage tainted property. This specialised mandate enables the restitution of public assets lost through corruption to the state. In furtherance of the above mandate, the OSP has successfully recovered millions of cedis to the state. Additional recoveries will be made subject to the successful prosecution of ongoing cases.
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| S/N | Indicator | 2024 | 2023 | 2022 | Disaggregation | Frequency of Collection | |
|---|---|---|---|---|---|---|---|
| 1 | Amount recovered | TBD | GHS 0 | GHS 1,074,627.15 | None | Bi-annual | |
| 2 | Amount saved | TBD | GHS 0 | GHS 101,227,369.23 | None | Bi-annual | |
| 3 | Amount seized / suspended transactions. | TBD | GHS 309,744,000.00 | GHS 0 | None | Bi-annual | |
| 4 | Average percentage appreciation of assets under management | TBD | TBD | TBD | None | Bi-annual |
Prevention
Pursuant to regulation 31 of the Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374), the OSP is mandated to proactively prevent the occurrence of corruption and related offenses, resulting in significant savings for the public coffers. This entails implementing various measures to mitigate instances of grand corruption. Furthermore, the Office advocates implementation of additional measures and policies to prevent future corrupt practices, streamline administrative procedures in the public sector, and safeguard substantial financial resources. Through its vigilant and pre-emptive measures, the OSP effectively closes potential avenues for corruption, achieving the dual objectives of preventing corrupt activities and saving billions of Ghanaian cedis.
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| S/N | Indicator | 2024 | 2023 | 2022 | Disaggregation | Frequency of Collection | |
|---|---|---|---|---|---|---|---|
| 1 | Number of people reached with anti-corruption sensitization: In-person | TBD | 1500 | 1000 | None | Bi-annual | |
| 2 | Number of people reached with anti-corruption sensitization: Traditional media | TBD | 4,000,000.00 | 2,000,000.00 | None | Bi-annual | |
| 3 | Number of people reached with anti-corruption sensitization: Social media | TBD | 500,000 + | 150,000 + | None | Bi-annual | |
| 4 | Number of corruption prevention programmes and projects initiated | TBD | 2 | 1 | None | Bi-annual | |
| 5 | Number of corruption risk assessment undertaken | TBD | 0 | 0 | None | Bi-annual | |
| 6 | Number of anti-corruption research undertaken | TBD | 0 | 0 | None | Bi-annual |
SUSPENSION OF TOR - TORRENTCO DEAL
The timely investigative work of the OSP upended the leasing of a national asset, the Tema Oil Refinery (ToR), in a deal which bore the trappings of corruption. In a bid to revamp the struggling state refinery, the board of directors for ToR acceded to a 6-year lease agreement with Torrentco Assets Management Limited (TAML). The arrangement was purported as necessary to allow for the optimization of the refinery’s output and also to refurbish its ageing infrastructure. However, several groups including its own workers union and civil society organizations vehemently opposed the lease agreement. Questions were raised about the viability of TAML, which was found to lack both the experience and financial muscle, to enter into such an agreement.
It was also determined that TAML lacked the required licences and certifications to carry out the lease agreement. The lessee was later rebranded as Tema Energy Processing Limited and attempted to re-enter the lease agreement under the previous conditions. Following a petition, the OSP ordered the cessation of and negotiations or actions pertaining to the proposed agreement to enable it perform a thorough corruption risk assessment. This led to the TEPL withdrawing their interest in the lease agreement with TOR. In spite of the deal estimated to be worth US$ 22 million, Ghana stood to lose far more than that under the proposed terms.
PREVENTED PAYMENT OF GHC 5 MILLION IN INFLATED CONTRACT
The OSPs vigilance and prompt actions saved Ghana over GHC 5 million Ghana cedis following the termination of over-bloated contract by the Northern Development Authority (NDA). It was believed that the NDA issued contracts for consultancy services for the execution of a series of poverty alleviation projects under the Infrastructure for Poverty Eradication Programme (IPEP) in the 11 constituencies in the Upper West Region. The OSP instructed the Controller and Accountant General’s Department to halt payments to the NDA after ascertaining that the contract had been bloated from GHC 5 million to GHC 10 million. Persons associated with the corrupt act were arraigned before court for prosecution.
Upon conclusion of investigations, the Office estimated that GRA’s erroneous application of benchmark values to Labianca Ltd cost the state GHC1,074,627.15. Resultantly, the OSP issued a battery of administrative measures to sanitise the award of benchmark values and avoid the future occurrence of similar illegalities. Further, GRA was directed to produce an Integrity Plan aimed at ending the abuse of its discretionary powers granted to its officers in accordance with the Customs Act, 2015 (Act 891).
CLOSURE OF LOOPHOLES
Subsequent to the conclusion of the OSP’s case, the Parliament of Ghana scrapped the provisions that permitted the Customs Advance Rulings and benchmarking. This development effectively ended the dispensation of the discretional issuance of benchmark values and advance rulings by Customs officials. The former discretional system created leeway for the surreptitious avoidance of payment of taxes and import duties with the aid of Customs officials. The resultant ruling of Parliament was a direct consequence of the measures undertaken by the OSP to sanitise the system and effectively avert future corruption of the excise regime.
LABIANCA COMPANY LIMITED AND CUSTOMS DIVISION OF GHANA REVENUE AUTHORITY
In 2021, the Office commenced investigations pursuant to a complaint made against Labianca Group of Companies concerning the issuance of markups it received from the Customs Division of the Ghana Revenue Authority (GRA).
The investigations substantiated that indeed, GRA, had wrongly awarded Labianca advanced ruling of 5% to 10% lower than the benchmark value for frozen foods it imported. Incidentally, the proprietor of Labianca Ltd, Eunice Jacqueline Buah Asomah-Hinne’s dual role as a member of the Council of State and a board member of the Ghana Port and Harbours Authority may have influenced the award of the preferential advance rulings.
For the period May 2021 to August 2022, revenue from sale of auctioned goods at the Customs Division of the Ghana Revenue Authority stood at Ghc 28,827,912.91. As a result of conducting corruption risk assessment on that revenue stream, the OSP directed the GRA – CD to present Integrity Action Plan. In implementing the Integrity Action Plan, the OSP further directed the CD to ensure that Auction Sale Prices of vehicles and goods should include the duty and taxes payable on the commodities.
As a result of the intervention of the OSP in monitoring strict compliance of its directives to the GRA-CD, revenue from the sale of auction vehicles and goods from September 2022 to December 2023 shot up to Ghc. 125, 055,282.14, an increase in revenue by 333.8%.
The Office is currently prosecuting three (3) cases at the High Court. These are:
1. D13/01/22; The Republic v Alexander Kwabena Sarfo Kantanka
2. NR/TL/HC/CCI/13/23; The Republic v Sumaila Abdul Rahman & Ors
3. CR/04492/2022; The Republic v Adjenim Boateng
YOUTH AGAINST CORRUPTION CAMPAIGN
Prevention of corruption remains one of the most important strategic focus of the Office in the unrelenting fight against corruption. The Youth who represent the future leaders of many countries are the target of this flagship programme by the OSP in pursuance of section 2 (c) of the OSP Act, 2017 (ACT 959) and Regulation 31 (1) (b) of the OSP Regulations, 2018 (L.I. 2374) which mandates the Office to take steps to prevent corruption. Thus, the Office has initiated the “Youth Against Corruption Initiative” to continuously engage and sensitise the youth in a proactive move to instil the values of honesty, integrity, accountability, and transparency in them. Till date, several schools from Junior High to Senior High through to the Universities continue to benefit from this initiative.
DISRUPTION OF COUNTERFEITING SYNDICATE
The OSP disrupted the activities of a counterfeiting syndicate in a sting operation. Seizures made in warehouses in Accra and Tema realised US$40, 000,000 counterfeit notes, one of the largest of such busts in the history of Ghana. While the OSP proceeds with investigations into the matter with the Ghana Police Service, the prevention of the counterfeited notes from entering circulation spares the country dire economic, social, and political consequences.
CHARLES ADU BOAHEN
The OSPs investigations into the involvement of the former Minister of State for Finance, Charles Adu Boahen, in acts of corruption galvanized calls for the passage of relevant legislations to adequately fight corruption. Mr. Adu Boahen was captured in an investigative documentary soliciting a 20 percent stake in a purported US$ 500, 000,000 million investments from undercover journalists posing as investors. The release of the documentary occasioned the referral of the matter to the OSP by the President, H.E. Nana Addo Daquah Akufo-Addo for investigation. The investigations yielded a report by the OSP which cited Mr. Adu Boahen for Influence Peddling.
However, the OSP could not prefer prosecutorial actions against him since influence peddling fell outside the remits of the OSP’s mandate. The OSP report generated huge public discourse and debates by Ghanaians, civil society and the media on Influence Peddling and Sting Operations. However, the OSP report marked a watershed moment as it called for the passage of relevant laws on influence peddling, Conduct of Public Officers Act the Corrupt Practices Act. This will comprehensively define and prohibit all forms of corruption and appropriately govern the behaviour of public officials.
AGYAPA ROYALTIES DEAL
The OSP’s corruption risk assessment of the Agyapa Minerals Royalty identified numerous incidences and possibilities of corruption, leading to the subsequent suspension of the deal. In August 2020, the government of Ghana proposed to sell the majority of its future gold royalties to Agyapa Royalties Ltd, a public-private joint venture registered in the British protectorate of Jersey. The deal would have seen the sale of 49 percent of the company on the London Stock Exchange while the government would have retained 51 percent of the company. Agyapa Royalties would have had the mandate to create Special Purpose Vehicles (SPV) to invest the country’s mineral incomes.
Following the referral of the matter to the OSP, a corruption risk and anti-corruption assessment was initiated into the conception of the deal and its attendant implications for the country. The OSP identified several breaches of corruption rules in the structuring of the deal and procurement processes for service providers. Also, the OSP highlighted that the deal created the necessary opportunities to facilitate illegal financial flows and money laundering. Consequently, the Ministry of Finance halted the listing of Agyapa Royalties on the London Stock Exchange, effectively preventing the long-term haemorrhaging of public funds courtesy of the Agyapa deal.
Indicator Definition
This refers to the number of cases where the accused are acquitted by the Courts, and the number of persons granted acquittals.
Justification: Although the OSP intends to win all cases prosecuted, cases that lead to acquittals must be presumed to be in the interest of justice. As such, there is interest in documenting acquittals.
Indicator Definition
This refers to cases that are discontinued, mostly owing to new evidence that suggests there is no need for prosecution.
Justification: The OSP pursues cases based on their merit. When this merit no longer holds in whole or part, the OSP has an obligation to discontinue the case in the interest of justice.
Indicator Definition
This refers to the number of cases that lead to the conviction of one or more accused persons.
Conviction is a final judgment of guilty in a criminal case and the punishment that is imposed.
Justification: Convictions are a hallmark of successful prosecution. They are the most celebrated outcome from the Office’s work.
This refers to the number of cases filed at the Courts by the OSP.
The computation of a single case includes all motions relating to the case.
Justification: Prosecution of corruption and corruption-related cases is a core mandate of the OSP.
This is the number of active prosecutions, thus prosecutions that are ongoing.
Justification: Prosecution of corruption and corruption-related cases is a core mandate of the OSP.
Indicator Definition
This refers to cases where the accused agrees to settle a case by plea bargain.
Plea Bargain is a negotiation in which the accused agrees to enter a plea of guilty (often to a lesser charge) or offer a form of restitution or both and the prosecutor agrees to drop a more serious charge or no charge at all.
Justification: Plea bargain is recognized as serving justice at a reduced cost. The savings made in avoiding trial and the admission of the accused to some form of crime are rationale for plea bargains.
Indicator Definition
Civil cases are non-criminal cases, characterized by dispute settlement.
Justification: The OSP engages in civil cases when that are germane to the work of the Office.
Indicator Definition
Civil cases are non-criminal cases, characterized by dispute settlement. Pending civil cases/processes are active, ongoing cases.
Justification: The OSP engages in civil cases when that are germane to the work of the Office.
Indicator Definition
This refers to the number of cases that come to the Investigations Division to formally investigate.
Justification: The number of cases initiated correlates positively with the number of cases being reported by the OSP or picked up by staff of the OSP.
Indicator Definition
Seizure orders granted are applications for seizures of assets made to the Court that are granted by the latter to the OSP. Seizure orders are required to enable investigation in some cases.
The Percentage of Seizure orders granted is arrived at by the number of granted seizure orders, over the number of seizure order applications expressed as a percentage (Number of Granted Seizure Orders/Number of Seizure Order Applications × 100).
Justification: The OSP seeks to track the success rate of its seizure order applications to inform remedial measures.
Indicator Definition
Freezing orders granted are applications for freezing of assets made to the Court that are granted by the latter to the OSP. Freezing orders are required to enable investigation in some cases.
The Percentage of Freezing orders granted is arrived at by the number of granted freezing orders, over the number of freezing order applications expressed as a percentage (Number of Granted Freezing Orders/Number of Freezing Order Applications × 100).
Justification: The OSP seeks to track the success rate of its freezing order applications to inform remedial measures.
Indicator Definition
Cases reported to the Investigations Division undergo preliminary investigations to determine viability for a full-scale investigation.
This indicator measures the percentage of cases that make it past preliminary investigation; an indication of the strength of cases reported to the OSP.
Justification: Low strength of cases reported over time could inform the need for targeted sensitization.
Indicator Definition
Investigations concluded refers to cases that have been brought to their logical conclusion by the Investigations team in charge, and the case officially closed.
Justification: The percentage of concluded investigations is an indication of the efficiency and effectiveness of the OSP’s investigative effort.
Indicator Definition
Amount saved refers to the value of money saved to the state from OSP intervention.
Justification: The OSP’s activities sometimes plug corruption and corruption-related activities, and stop the lose of money to the state. The value of such savings is captured by this indicator.
Indicator Definition
Amount seized refers to sums of money confiscated by the OSP due its illegal roots.
Suspended transactions refer to agreements, procurements, negotiations, deals, and other commercial undertakings that are suspended by the OSP owing to suspected likelihood of corruption.
Justification: This indicator is one of the ways to measure the OSP’s corruption prevention efforts.
Indicator Definition
Amount recovered refers to the total monetary value of cash and assets recovered by the OSP as the proceeds of crime. This amount is to be expressed in Ghana cedis..
Justification: Recovery of the proceeds of crime is an object of the OSP.
Indicator Definition
Lifestyle Audits are an investigation into the source of a person’s wealth. These audits are occasioned by suspicion of illegitimate source of wealth.
In the case of the OSP, a lifestyle audit occasions an investigation when the source of wealth is deemed to come from corruption and corruption-related offenses.
Justification: Lifestyle audits are a means of bringing to justice persons who are outside the orbit of any case pursued by the OSP but have wealth originating from corruption and corruption-related activities.
Indicator Definition
Average Percentage appreciation refers to the increase in value of assets under the management of the OSP resulting from prudent management practices.
Justification: This is determined by the change in value of the assets over time expressed as a percentage of the original value of the assets.
Indicator Definition
his refers to the number of corruption prevention programmes and projects initiated by the OSP.
Justification: Justification: Corruption prevention programmes and projects are designed to sensitize people to engage in anti-corruption behaviour.
Indicator Definition
This refers to the number of people who have participated in anti-corruption sensitization programmes organized by the OSP or by other organizations that feature a presentation by the OSP.
Justification: Anti-corruption sensitizations are designed to sensitize people to engage in anti-corruption behaviour.
Indicator Definition
This refers to the estimated number of people who have been reached by OSP anti-corruption sensitization via traditional media platforms – TV, radio, newspaper.
Justification: Anti-corruption sensitizations are designed to sensitize people to engage in anti-corruption behaviour.
Indicator Definition
Anti-corruption research refers to research that is undertaken on the subject of corruption with remedial measures covered.
NB: Research that becomes perennial would be transitioned to stand-alone indicators
Justification: Anti-corruption research aims to uncover findings and make recommendations that would help reduce corruption.
Indicator Definition
Corruption Risk Assessments are probes that flag weaknesses within a system or portfolio that may present opportunities for corruption.
Indicator Definition
This refers to the total number of corruption complaints received via the OSP’s corruption reporting platforms.
Justification: This indicator tracks the volume of corruption complaints received. It speaks to the visibility and credibility of the OSP.
Indicator Definition
This refers to significant outputs, outcomes and impacts achieved through corruption prevention activities of the OSP.
Justification: The activities undertaken by the OSP’s prevention efforts may lead to significant results that need to be documented.