3 public servants non-declaration of assets; Special Prosecutor terminates prosecution

The Office of the Special Prosecutor (OSP) has filed a nolle prosequi to terminate the prosecution of three out of four persons who failed to declare their property and income.

The OSP is doing a lifestyle audit on the three and therefore charged them for non-declaration of assets.

Declaration of assets after charge

Following the commencement of the prosecution, the three have gone on to submit their asset declaration forms hence the termination of the legal proceedings against them by the Office of Special Prosecutor (OSP).

The High Court in Accra has therefore gone ahead to discharge the three reports the Ghana News Agency (GNA) 

The officers are James Keck Osei, a civil servant working at the Office of the Vice President, John Abban, and Peter Archibald Hyde, both senior custom officials.

A fourth person, Issah Seidu, another public servant, is however still in court for non declaration of property and income..

The Office of the Special Prosecutor entered the nolle prosequi to terminate the prosecution of the three out of four persons on April 19, 2023.

The termination of the trial was because the three have now fully complied with the directive.
 
The substantive case is still under investigations.

The case in court has been adjourned to May 11, 2023 for the plea of the first accused person, Issah Seidu to be taken on the amended Charge Sheet.

Special Prosecutor arrest and charge

Related: Lifestyle Audit: 4 busted by Special Prosecutor for failing to declare source of income 

The four people, made up of three public servants and one civil servant were arrested and charged by the Special Prosecutor on corruption related offences.

It followed a Lifestyle Audit by the Special Prosecutor on them and a request for them to declare the source of their various incomes and their refusal to do so.

The Special Prosecutor charged them for failing to comply and declare sources of income in contravention of regulation 20 of L.I. 2374.

Issah Seidu works with the National Insurance Commission (NIC) while James Keck Osei works with the Office of the Vice President as an administrator. 

John Abban and Peter Archibald Hyde are senior Officers with Customs Division of the Ghana Revenue Authority (GRA).

Facts

The facts adduced against them in court by the Special Prosecutor are that, they are all suspects under investigation in respect of corruption and corruption-related offences regarding the importation from Thailand and auction processes of two hundred and fifty (250) tonnes of Lele rice.

In December 2022, the Special Prosecutor, in the performance of his functions, served on them, respectively, notices to declare their property and income under regulation 20(1) per Forms 11A and 11B of the First Schedule of the Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374).

They were duly notified, according to the Office of the Prosecutor (OSP) as per the statutory forms and by cover letters under the seal of the Office of the Special Prosecutor and the seal and mark of the Special Prosecutor, that they were required by law to make the specified declarations and return same to the Office of the Special Prosecutor as per Form 12 of the First Schedule of L.I. 2374, within thirty (30) days of the service on them of the notices as per Forms 11A and 11B of the First Schedule of L.I. 2374.

As of the close of business on February 9, 2023, they had failed, without lawful excuse, to return the duly completed statutory forms to the Office of the Special Prosecutor, more than thirty (30) days after the service of the forms on them.

They were therefore duly charged with the respective offences.