The Special Prosecutor, Kissi Agyebeng, has said he cannot continue with the case of alleged corruption and corruption-related offenses against the former Minister of State at the Ministry of Finance, Charles Adu Boahene.
According to the Special Prosecutor, after six months of thorough investigation, he found out that the former government official engaged in influence peddling, which is not a crime his office could pursue.
Kissi Agyebeng said this in a statement his office released on Monday, October 30, 2023 signed by him, which told the outcome of the half-year’s probe, in which he called for closure to the case.
“Though the conduct of Mr. Adu Boahen amounts to trading in influence or influence peddling, which is closely associated with corruption, there is no actual criminal prohibition of his acts, in respect of which the OSP has a mandate to further act. On that reckoning, the Special Prosecutor directs the closure, at this time, of the investigation in respect of allegations of corruption and corruption-related offenses involving Charles Adu Boahen, contained in the investigative documentary titled Galamsey Economy, published by Tiger Eye P.I,” he wrote.
He, however, added that the investigation “may be re-opened” should the circumstances and further facts so dictate.
CASE
The 14-page release chronicled the complaint by the investigator, Anas Aremeyaw Anas and Tiger Eye PI, the referral by President Akufo-Addo, the investigation and also explained in detail the undercover work.
On November 14, 2022 President Akufo-Addo requested the Office of the Special Prosecutor (OSP) to probe the allegations against Adu Boahen, contained in the investigative documentary titled ‘Galamsey Economy’.
The OSP says it received on November 15, a complaint dated two days earlier from Tiger Eye PI, requesting the office to investigate Adu Boahen for corruption and corruption-related offenses from the documentary.
INVESTIGATION
The Special Prosecutor said that, upon determining that the referral and the complaint spoke about corruption, which was in his mandate, he authorised the commencement of a preliminary investigation.
Subsequently, a full investigation was conducted under regulations 5(1)(c) and 6 of the law that governs the OSP, “with as little intrusion into the privacy of persons as the circumstances permitted.”
According to the Special Prosecutor, in the high political office he occupied, it ought reasonably to have occurred to Mr. Adu Boahen that his bargain for twenty percent (20%) of the value of the proposed investment and his receipt of a cash gift of US$40,000.00 from the supposed sheikh were outrightly improper.
“Mr. Adu Boahen exhibited a lack of sound judgment. His claim that he accepted the cash gift to avoid offending the supposed sheikh lies very thinly and his suggestion of the payment of an appearance fee of US$200,000.00 to the Vice President was quite reckless, especially as the Vice President was unaware of the business he was conducting and had not tasked him to demand money of whatever description on his behalf,” the Special Prosecutor remarked.
He added that all the indices point to the conclusion that Adu Boahen’s principal motivation was his own personal gain, though he intimated to the supposed sheikh that he was driven by the potential developmental benefits to Ghana of the proposed investment.
RECOMMENDATION
The Special Prosecutor bemoaned that the non-prohibition of most predicate acts of corruption and corruption-related offenses engenders impunity for malevolent conduct and the erosion of democratic tenets. This, he explained, spawn formidable hurdles in the fight against corruption, especially in the public sector.
Against that background, the OSP called for the passage of a Corrupt Practices Act to comprehensively codify the prohibition of all forms of corruption.
Further, the OSP has joined hands with OccupyGhana, which has called for the passage of a Conduct of Public Officers Act to properly regulate the conduct of public officers.
