Kissi Agyebeng - Special Prosecutor
Kissi Agyebeng - Special Prosecutor
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The OSP and Ghana’s fight against corruption

Recently, I listened to commentaries on television and radio by some individuals questioning the Return on Investment (ROI) since the establishment of the Office of the Special Prosecutor (OSP). 

According to them, the OSP has not secured any conviction or made substantial recoveries of misappropriated state resources. 

Some even go further on social media to advocate, “close the OSP down.” As a social activist, I sometimes view these comments with a smile, but other times with utter disbelief.

Yes, the OSP is a public institution, and the successful delivery of its mandate is one that every Ghanaian must follow as a civic responsibility. 

The ‘interests’ expressed and the questions raised about the OSP’s relevance may be legitimate. 

After all, these are Ghanaians who pay taxes and must have an ‘interest.’ 

But are these comments factually correct, or are they expressed from an uninformed perspective? 

Could they be a deliberate attempt to incite public disaffection for the OSP? 

To me, these comments clearly suggest that either individuals are being biased in their assessment of the OSP’s work, or—like many others who have joined the “close it down” crusade—the OSP has ‘touched’ someone they admire or are close to. 

If that is the case, I would not fault them, because there are times we are unable to speak against wrongdoing when those we admire or relate to are involved.

Section 2 of Act 959 provides that the object of the OSP is to investigate and prosecute specific cases of alleged or suspected corruption and corruption-related offences, recover the proceeds of corruption, and take steps to prevent corruption. 

This provision establishes the OSP as a four-fold anti-corruption agency.

Additionally, Article 13 of the United Nations Convention against Corruption (UNCAC) enjoins member states to “take appropriate measures, within its means and in accordance with fundamental principles of law, to promote the active participation of individuals and groups outside the public sector, such as civil society, non-governmental organisations and community-based organisations, in the prevention of and the fight against corruption and to raise public awareness regarding the existence, causes and gravity of and the threat posed by corruption.” Clearly, Act 959 and Article 13 of UNCAC place preventive obligations at the doorstep of the OSP.

Recovery and Savings

In its recently published half-yearly report, the Special Prosecutor gave a good account of his office. 

Key among the developments are seven (7) convictions secured through plea bargaining under the Ghana Education Service payroll fraud investigation jointly conducted with the Controller and Accountant General’s Department.

The joint investigation resulted in the suspension of GH¢2,854,144.80 and the removal of names of deceased, retirees, and post vacators from the government payroll, saving the country GH¢34,249,737.06. Had these sums gone undetected, they would have been paid to individuals for no work done.

The OSP also reports on its website that GH¢687 million has been suspended or cancelled through the Revenue Assurance Audit Agreement between the Ghana Airport Company and Evatex Logistics Limited, and the Tema Oil Refinery and Torrentco Asset Management. To some, these figures may seem underwhelming, but the long-term benefits of such preventive measures lie in improved public procurement and stronger institutional oversight.

Prosecutions

Another significant part of the report is the 27 persons standing trial in eight (8) prosecutions ongoing in Accra, Kumasi, and Tamale. The Special Prosecutor further indicated that his office is working on 67 full investigations and 152 cases at the preliminary stage.

The OSP has recorded one acquittal so far, in the electoral corruption case involving Sarfo Kantanka, which was before the High Court in Kumasi. An appeal has been filed.

Constructive Criticism or Vilification?

From the report, it is clear that the OSP is gradually finding its feet and pushing cases to court. Why then the constant vilification? Why calls for its closure? Could it be because someone close to the critics is under investigation? Or perhaps Ghanaians say, “Let’s fight corruption,” but do not really want the fight because they benefit from the looting of public resources.

Convictions will take time to materialise. With an average case duration of about three years, Ghanaians need to lend support to the OSP to achieve its mandate. Critics often focus only on prosecutions, forgetting that the OSP’s work also includes prevention. Measured from a preventive perspective, the OSP’s cost-efficiency picture shifts towards meaningful, long-term impact.

Rather than judging the OSP purely on convictions and recoveries, we must also consider its preventive ROI—early interventions in high-risk deals, public sector reforms, and integrity plans that minimise opportunities for corruption. While many want to see looters jailed, prevention is perhaps the most transformative function of all.

Prevention Matters

Section 31 of L.I. 2374 empowers the OSP to prevent corruption through risk analysis of contracts, legislation and draft legislation, anti-corruption programmes, information checks for public officials, and public education to change attitudes and culture.

Hong Kong’s Independent Commission Against Corruption (ICAC) transformed the country from highly corrupt to one of the cleanest in Asia, combining strong enforcement with public education. The fight against corruption requires a 360-degree approach, with all stakeholders playing their part. Companies also contribute through Corporate Social Responsibility (CSR) and ESG initiatives, adopting anti-corruption policies, regular audits, and whistleblowing systems. Firms like Unilever and Coca-Cola maintain strong anti-corruption CSR policies.

The OSP needs public support and understanding that a singular focus on convictions misreads the lawmaker’s intent, which emphasises structural transformation as much as individual accountability. With non-conviction-based asset recovery now a key feature of Ghana’s anti-corruption strategy, the OSP must balance all four aspects of its mandate.

Role of the Media

Corruption control and sustainable development cannot succeed without the media. The media raises awareness of corruption, exposes its causes and consequences, and reports on corrupt practices.

In Latin America, extensive media reporting led to the exit of three presidents: Ecuador’s Abdala Bucaram, Venezuela’s Carlos Andres Perez, and Brazil’s Fernando Collor de Mello. 

In Ghana, Manasseh Azure Awuni’s decade-long investigative work has led to parliamentary laws, cancellation of contracts worth hundreds of millions of dollars, and prosecutions of officials.

For the media to act effectively as watchdogs, practitioners must appreciate the weight of their role and commit to accurate reportage at all times.

Where then do we start from? To me, the debate around the ROI of the OSP must move beyond narrow assessments of convictions to a holistic appreciation of its four-fold mandate—investigation, prosecution, recovery, and prevention. While the average prosecutions  takes about three (3) years to mature in Ghana’s judicial system, the preventive strides already made by the OSP are saving the nation millions of cedis and averting future losses.

Closing down the OSP will not only derail the modest progress made but also send a dangerous signal that Ghana is not serious about fighting corruption. What is needed now is constructive criticism, sustained public support, and responsible media engagement to ensure that the Office continues to deliver on its promise. If Ghanaians truly desire a corruption-free society, then supporting the OSP, rather than tearing it down, is the only path forward.

The writer Nana Agyemang is a social activist

Email: nanaagyemangh7@gmail.com 

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