OSP on why it conducted a search at SML to retrieve information to help ongoing investigations
The Office of the Special Prosecutor (OSP) has explained why it conducted a search at the offices of the Strategic Mobilisation Ghana Limited (SML) to retrieve relevant information to help in ongoing investigations.
The search, based on a warrant granted by the court, was to retrieve relevant information to assist the office in its investigation into the work of the assurance company on downstream petroleum sector in a contract with the Ghana Revenue Authority (GRA).
The Director of Strategy, Research and Communication, Samuel Appiah Darko, told the Daily Graphic that the investigators of the OSP did not destroy any property at SML offices during last Monday’s search exercise, except to remove and take possession of items relevant in its investigation.
He said as part of its standard operating procedure, the OSP investigators prepared a list of the items seized.
“This is called the Form 3 and it’s titled ‘Inventory of items seized or detained during search by an authorised officer”.
Mr Darko said while a Principal Staff Officer signed the form on behalf of the OSP, the Director of IT at SML, Samuel Jacob Prempeh, signed on behalf of SML and witnessed by his colleague, Rev. Michael Nyamitei.
“Our investigators went to the SML offices for a lawful search to take possession of certain information and items which we need to help us in our investigation,” he said.
“We did not destroy any property and we filled the seizure notice duly signed by our officers and representatives of SML,” the Director of Strategy, Research and Communication said.
Mr Darko further explained that staff of the SML offices were told that they were not under arrest and should therefore cooperate with the OSP investigators.
The Daily Graphic learnt that earlier, the OSP had demanded for some documents from SML to help with investigations into its operations following a petition by investigative journalist, Manasseh Azure Awuni.
However, lawyers of SML wrote to exercise the right to decline.
When asked, Mr Darko confirmed the information and said that compeled the OSP to apply for a warrant of the court to obtain the needed information from SML.
Context
Asked about the foundation of the investigation, he said, after receiving a petition from the investigative journalist, the then President also asked accounting firm, KPMG, to conduct an audit, an exercise that forced the OSP to pause its investigation in the issue.
Having passed that stage, Mr Darko explained, the OSP continued with the investigations, stressing that the corruption and corruption-related investigative body was not motivated by any external persons, groups or influences to conduct to conduct the investigations or search the offices of the company for the needed information.
Background
The President had commissioned KPMG on December 29, 2023 to undertake an inquiry to gain a clear understanding of the matters in controversy, and to be properly advised in taking the necessary decisions.
On May 22, 2024, the President Nana Addo Dankwa Akufo-Addo released the full KPMG report of the transaction between the Ghana Revenue Authority (GRA) and SML for public consumption.
A statement announcing the release said the President, "in the interest of full transparency in governance, openness, and honesty with the public, has decided to waive the privilege under section 5 of the RTI Act and has directed the publication of the KPMG report in full."
On April 24, 2024, President Akufo-Addo received a request from the Media Foundation for West Africa (MFWA), under section 18 of the Right to Information Act, 2019 (Act 989) (RTI Act), for a copy of the KPMG report on the contracts and transactions between GRA and SML.
The statement from the presidency said bearing in mind the provisions of the RTI Act, particularly section 5(1)(a) and (b)(i) of the Act, the President denied the request by MFWA since the KPMG report constituted matters exempt under section 5 of the RTI Act.
“However, the President, in the interest of full transparency in governance, openness, and honesty with the public, has decided to waive the privilege under section 5 of the RTI Act and has directed the publication of the KPMG report in full,” it added.
