Ghana's Economic and Organised Crime Office (EOCO) is spearheading the local investigation into the AKSA bribery scandal. This decision comes despite public expectations that the Office of the Special Prosecutor (OSP) would lead the probe. Deputy Attorney General Dr. Justice Srem-Sai confirmed this development, explaining the rationale behind the choice of investigative body.
Dr. Srem-Sai clarified that the investigation extends beyond simple bribery and corruption allegations. He stated that the case also involves potential money laundering, an offence specifically within EOCO's legal mandate. This broader scope of alleged crimes necessitates EOCO's involvement, as some aspects do not fall under the OSP's primary jurisdiction. The Deputy Attorney General made these remarks during an exclusive interview with JoyNews' Evans Mensah.
This development unfolds against a backdrop of increasing public demand for accountability in high-profile corruption cases. Ghana has been working to strengthen its anti-corruption framework, including establishing the OSP in 2018. However, questions about institutional effectiveness and independence often arise. The current situation highlights the complexities of inter-agency cooperation and mandate delineation within Ghana's justice system. The country's economic stability relies heavily on investor confidence, which can be impacted by perceptions of corruption and the efficiency of anti-graft bodies.
“It’s also not true that it is just about bribery and corruption. It’s also about money laundering,” Dr. Srem-Sai stated. He further explained, “You know, so there are other offences involved in it that do not necessarily fall within the mandate of OSP but which fall within the mandate of EOCO.” He dismissed suggestions of a 'turf war' between the agencies, emphasizing that the goal is to ensure the appropriate body investigates the relevant offences.
The decision to assign EOCO to the AKSA probe will likely be closely watched by both local and international observers. It could influence public trust in Ghana's anti-corruption efforts and the perceived independence of its investigative institutions. Decision-makers will monitor how effectively EOCO handles the complex financial crimes involved. The outcome of this investigation could also set a precedent for future high-profile cases involving multiple types of economic offences. Markets will observe the transparency and speed of the process, as these factors often impact investor sentiment towards Ghana.
Dr. Srem-Sai also addressed criticisms regarding the OSP's handling of the AKSA matter. Private legal practitioner Martin Kpebu had questioned the OSP's impartiality. Dr. Srem-Sai defended the decision, pointing to EOCO's extensive experience. He suggested that EOCO's longer institutional history provides it with considerable expertise in economic and organised crime investigations. He argued that an older institution is often more efficient and likely to succeed in such complex matters.
Furthermore, the Deputy Attorney General pushed back against calls for an independent institution to take over the investigation. He argued that institutional independence alone does not guarantee effectiveness or freedom from interference. He stressed that decisions within the Attorney General’s Department follow established legal processes. Senior officials cannot simply disregard advice from subordinate lawyers without documented reasons. This internal accountability mechanism, he explained, makes it difficult to suppress cases without proper justification.
“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,” Dr. Srem-Sai explained. He added that such decisions must be supported by legal reasoning, not political considerations. This rigorous documentation process, he believes, prevents individuals from permanently burying cases. He maintained that the focus should be on the capacity and effectiveness of investigative institutions. Merely labeling an institution as independent does not automatically make it so, he concluded.
The local investigation stems from the conviction of Kwaku Asante Berko in the United States. Berko, a former Goldman Sachs banker and ex-Managing Director of the Tema Oil Refinery, was convicted for a bribery scheme. This scheme was linked to a power plant project in Ghana. The international dimension of the case adds another layer of complexity to the ongoing local probe.