Special Prosecutor Kissi Agyebeng has called for non-conviction-based asset recovery to be entrenched in Ghana’s Constitution as part of efforts to strengthen the fight against corruption.
According to him, requiring institutions such as the Office of the Special Prosecutor (OSP) and the Economic and Organised Crime Office (EOCO) to secure convictions before recovering unexplained wealth undermines the effectiveness of anti-corruption efforts.
Speaking during the second edition of the National Anti-Corruption Dialogue in Accra, Mr Agyebeng argued that authorities must be empowered to recover assets linked to unexplained wealth even where a criminal conviction has not been secured.
“I also call for non-conviction based asset recovery to be entrenched in the Constitution. I believe that without it, the fight against corruption could suffer a major setback,” he said.
He stressed that the reform must be firmly established in legislation to enable anti-corruption institutions to deal effectively with unexplained wealth.
“To require institutions like EOCO and OSP to secure convictions before we are able to go after unexplained wealth, is rather putting the cart before the horse,” he added.
Mr Agyebeng also advocated for the introduction of a reverse onus clause, arguing that individuals whose wealth is disproportionate to their lawful sources of income should be required to explain how they acquired their assets.
“The presumption of corruption should be instituted, where it is very clear that a person is unable to explain their wealth as much to their lawful sources of income,” he said.
He explained that under such a framework, the burden would shift to the individual to demonstrate that their wealth and lifestyle are supported by legitimate sources of income.
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