A political Analyst Mr. Alex Emmanuel has said that the politicization of issues is a major hindrance in fighting corruption in the country because politicians always blame one another when the law takes its stand to deal with perpetrators when he was reacting to the Special Prosecutors’ issue of handling about 70 corruption-related cases.
In an interview with Ohene Addo on Plan B Fm morning show,
NKOSUONSEM mr Alex said Ghanaians will be grateful if the SP will continue to update the public with its activities as the public is now interested and is following their works.
” I think the man is doing well, Ghanaians will appreciate his good and even publishing the names of those engaged in corrupt practices into the public domain alone will discourage others from engaging in corrupt practices”. he added
He stressed that the AirBus and Banking and Financial sector crises are the issues the SP must speed up on it because if it is what it is in the Airbus saga then the culprits must be brought to book and
“for the banking and financial sector crises I don’t want to talk about it because how can you use 21 billion to clean up 9 billion crises that government must be investigated” he fumes
The following are the various cases handled by the Office during the period under reference:
A Prosecutions
There were no convictions or acquittals in respect of the cases pending before the criminal courts.
*MSFT/23/2019 The Republic v. Mahama Ayariga & Another*
This case was pending before the High Court, Financial Division, Accra against the Member of Parliament for Bawku Central and another. The Special Prosecutor entered a nolle prosequi on 11 October 2021. The
Special Prosecutor explained to the Court that upon further scrutiny of the available evidence the Republic would be unable to prove its case beyond reasonable doubt on the allegation of abuse of public office for private gain.
*CR/0492/2022 The Republic v. Adjenim Boateng Adjei & Another*
On 18 May 2022, the former Chief Executive of Public Procurement Authority was charged with eight (8) counts of using public office for profit and nine (9) counts of directly and indirectly influencing the procurement process to obtain an unfair advantage in the award of a procurement contract.
His brother-in-law was also charged with one (1) count of using public office for profit. The accused were arraigned before the High Court, Criminal Division, Accra on 25 May 2022. The trial is ongoing.
*D13/01/22 Alexander Kwabena Sarfo-Kantanka*
On 24 May 2022, the President’s nominee for the position of Chief Executive of Juaben Municipal Assembly in the Ashanti Region was charged with twenty-six (26) counts of corruption in respect of a public election. He was arraigned before the High Court, Criminal Division, Kumasi on 1 June 2022. The trial is ongoing.
*B Concluded Investigations*
*Agri-Plus Horizon Farms Limited*
On 9 December 2019, the Financial Intelligence Centre transmitted an Intelligence Report to the Office on the allegation that Ghana Cocoa Board sole sourced a contract to Agri-Plus Horizon Farms Limited on the ground of nepotism and/or trade-based money laundering. In February 2022, the Office terminated the investigation for lack of evidence. It was also established that the suspected nepotism was a case of mere coincidence of names and/or mistaken identity.
*Hon. Samuel Atta Akyea*
In July 2022, the Office terminated investigation into a complaint of alleged financial malfeasance filed against the Member of Parliament for Abuakwa South for lack of evidence. The complainant admitted that he filed the complaint without any basis and that he was paid to fabricate the content of the complaint. The complainant and his accomplices are under investigation for filing the complaint with the singular aim of tarnishing the reputation of the respondent.
*Labianca Company Limited and Customs Division of Ghana Revenue Authority*
From November 2021 to July 2022, the Office investigated a complaint of alleged ongoing corrupt, illegal and questionable dealings between Labianca Company Limited and the Customs Division of Ghana Revenue Authority resulting in unlawful markdown or reduction of benchmark values of frozen food products imported by Labianca Company Limited under the guise of customs advance rulings.
The investigation concluded that a decision to render a customs advance ruling to Labianca Company Limited by reducing the values of their intended imports between a range of 5% -10% below the benchmark values was wrongful and unsupported by the requirements of the law for the issuance of customs advance ruling.
And that there was strong evidence to suggest that the decision was a product of influence peddling or trading of influence by the owner of
Labianca Company Limited, Ms. Eunice Jacqueline Buah Asomah-Hinneh, at all material times a member of the Council of State and a member of the Governing Board of Ghana Ports and Harbours Authority.
The report indicted Mr. Joseph Adu Kyei, the Deputy Commissioner of the Customs Division in charge of operations, for bending over backwards to render the unlawful decision; and Col. Kwadwo Damoah (Rtd.), the Commissioner of the Customs Division, for placidly coddling the actions of Mr. Joseph Adu Kyei.
The report concluded that the conduct of the investigated officers portends an institutionalised culture of lighthearted unconcern regarding impropriety of action at the Customs Division – which indicates a high propensity to engender corruption and corruption-related activities; and
that the officers ignored mandatory provisions of the Customs Act, 2015 (Act 891) and engaged in their own predilections.
The investigation led to the first recovery by the Office – in the sum of One Million Seventy-Four Thousand cedis Six Hundred and Twenty-Seven cedis Fifteeen pesewas (GHC1,074,627.15) on 31 March 2022.
C Ongoing Investigations
Airbus SE
Investigation into alleged bribery by Airbus SE, a European multinational aerospace corporation, in respect of the sale and purchase of military aircrafts for the Republic is ongoing. The Office is engaged with INTERPOL and the central authorities of the United Kingdom and the United States under the mutual legal assistance regime.
Banking and Financial Sector Crisis
On 25 January 2022, the Special Prosecutor announced the commencement of investigation into the banking and financial sector crisis that precipitated the collapse of some banks and financial institutions and the financial sector clean up and recapitalisation reforms.
The investigation targets alleged corruption and corruption-related offences perpetrated by some officials of the Bank of Ghana, banks, specialised deposit-taking institutions, and financial holding companies.
Estate of Kwadwo Owusu-Afriyie alias Sir John
On 26 May 2022, the Special Prosecutor announced the commencement of investigation in respect of alleged improper acquisition of state protected land at the Achimota Forest enclave and the Sakumono Ramsar site by the deceased former Chief Executive of the Forestry Commission.
On 30 May 2022, the Special Prosecutor directed the freezing of the Estate of Kwadwo Owusu Afriyie alias Sir John (deceased). On 9 June 2022, the Special Prosecutor applied to the High Court, Financial Division, Accra for a confirmation of the freezing order. On 12 July 2022, the High Court refused the application. On 19 July 2022, the Special Prosecutor filed a Notice of Appeal to the Court of Appeal, Civil Division, Accra against the decision of the High Court.
Northern Development Authority
On 30 June 2022, the Office commenced investigation into suspected corruption and corruption-related offences in respect of a contract awarded by the Northern Development Authority to A&Qs Consortium for consultancy services under the Infrastructure for Poverty Eradication Programme (IPEP), especially in respect of the quantum of the contract sum.
On 1 July 2022, the Special Prosecutor directed the Controller and Accountant General to immediately freeze payments arising from the contract.
Other Cases
The Office is also investigating seventy (70) other cases at various levels of consideration. These would be publicised if the Special Prosecutor determines that they are within the mandate of the Office and that they should be moved past the preliminary investigation stage.
This is a policy intended to protect the privacy of individuals and the business operations of institutions and companies, and to avoid unnecessary stigmatisation.
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