# Office of the Special Prosecutor

The Office of the Special Prosecutor (OSP) is a specialised independent anti-corruption agency established by an act of the Parliament of Ghana to investigate and prosecute acts of corruption and corruption related offences. It is also responsible for recovering proceeds of corruption and take steps to prevent it.
The OSP is the premier enforcer of Ghana's anti-corruption laws, and it is the only state agency empowered to carry out criminal prosecution of corruption and corruption related offences.

## Functions & Mandate of the OSP

The Office of the Special Prosecutor (OSP) is an independent specialised agency responsible for performing four (4) main functions.
I. The OSP is tasked with investigating specific cases of alleged or suspected corruption or corruption-related offences involving public officers and persons who have been entrusted with prominent public functions in Ghana or a foreign country or an international organisation such as senior political party officials, government officials, judicial officials, military officials, a person who is or has been an executive in a foreign country of a state-owned company, a senior political party official in a foreign country, and an immediate family member or close associate of such a person, as well as persons in the private sector involved in the commission of such offences.
II. The OSP is mandated to prosecute offenders involved in the commission of corruption and corruption-related offences on the authority of the Attorney-General.
III. The OSP is empowered to recover the proceeds of corruption and corruption-related offences.
IV. The OSP is required to stake steps to prevent corruption.
The multi-faceted mandate of the OSP set it out as a unique and specialised public institution performing
* Police functions
* Investigation functions
* National security and Intelligence functions
* Revenue generation functions

## Vision & Mission
### Objective

The primary objective of the Office of the Special Prosecutor is to:
* Investigate and prosecute specific instances of alleged or suspected corruption and corruption-related offences.
* Recover assets and proceeds derived from corruption.
* Implement measures to prevent corruption across both public and private sectors.

### Vision

To establish a society where corruption is prohibitively costly and decisively unattractive, fostering a culture of integrity and accountability in both public and private spheres through sustained and effective repression.

### Mission

To combat corruption by:
* Conducting thorough investigations into specific cases of alleged or suspected corruption and corruption-related offences.
* Prosecuting offenders to ensure accountability and justice.
* Recovering proceeds acquired through corrupt practices to restore public trust and resources
* Implementing proactive strategies and preventive measures to curtail corruption at its roots.

## Composition and Structure of the Governing body

Pursuant to Section 5(1), the Governing Body of the Office is constituted as follows:
* The Special Prosecutor
* The Deputy Special Prosecutor
* A representative of the Audit Service: Not below the rank of Director, nominated by the Auditor-General.
* A representative of the Ghana Police Service A representative of the Economic and Organised Crime Office (EOCO)
* A representative of the Financial Intelligence Centre (FIC)
* A representative of the Commission on Human Rights and Administrative Justice (CHRAJ)
* An individual with expertise in intelligence: Nominated by the Minister responsible for National Security.
* A female representative from Anti-Corruption Civil Society Organisations
This structure ensures a diverse and multidisciplinary approach to governance, leveraging expertise from various sectors.

### Special Prosecutors

* 2021–present: Kissi Agyebeng – Special Prosecutor
* 2018–2020: Martin Amidu – former Special Prosecutor

### Divisions

* Investigations Division
** Mr. Emmanuel Basintale Amadu
* Prosecutions Division
** Isidore Kwadwo Tufuor Ph. D.
* Assets Recovery & Management Division
** Mr. Albert Akurugu
* Strategy, Research & Communication Division
** Mr. Samuel Appiah Darko
* Operations Division
* Finance Division
* Human Resource and Administration Division
** Ms. Boakyewaa Glover

## Notable Cases
### Agyapa Royalties Deal

The Office of the Special Prosecutor in Ghana conducted an analysis of the Agyapa Royalties Transactions related to the Gold Royalties Monetisation Transaction under the Minerals Income Investment Fund Act, 2018. Initiated on 10th September 2020, the action was to execute the office's mandate to prevent corruption.
The analysis revealed several critical issues:
* A significant lack of transparency and accountability throughout the approval process, with potential breaches of legal and procedural requirements in selecting transaction advisors.
* Evidence suggesting the manipulation of procurement processes by the Ministry of Finance to favour Imara Corporate Finance Limited (Pty) of South Africa, potentially constituting bid rigging.
* Opaque elements within the Mandate Agreement with Imara/Databank, which could lead to corruption-related offences, and concerns that fees payable to Databank were a decoy.
* Inadequate examination of the agreements by Parliament's Committee on Finance, possibly due to time constraints and a lack of critical analysis.
* Inconsistent application of Executive Approval, indicating deficiencies in legislative and executive action that created opportunities for corruption.
* An attempt by the Ministry of Finance to circumvent the Public Procurement Authority (PPA).
These findings indicate that the processes for approving the Agyapa Royalties Transactions were vulnerable to corruption and did not meet standards of probity, transparency, and accountability. The report highlights potential breaches of the Public Procurement Act and the Public Financial Management Act, raising concerns about lowering investor confidence. It urges improved due diligence and processes to prevent corruption in future transactions

### Customs Division of Ghana Revenue Authority

The Office of the Special Prosecutor (OSP) in Ghana investigated allegations of corruption involving Labianca Company Limited and the Customs Division of the Ghana Revenue Authority (GRA), based on a written complaint from Frank Asare. The allegations concerned corrupt dealings between Labianca and the Customs Division, focusing on unlawful markdowns on imported frozen food products disguised as customs advance rulings. It was also alleged that Eunice Jacqueline Buah Asomah-Hinneh, Labianca’s owner and Chief Executive, used her positions as a member of the Council of State and a member of the Board of Directors of Ghana Ports and Harbours Authority to engage in influence peddling, aiming to secure an undue competitive advantage in the frozen foods industry.
The OSP's investigation revealed the following:
* Labianca Company Limited, wholly owned and controlled by Ms. Asomah-Hinneh, imports approximately 200 forty-foot shipping containers of frozen foods monthly, giving it a substantial market share.
* Joseph Adu Kyei, the Deputy Commissioner for Customs, wrongfully granted customs advance rulings to Labianca, reducing import values by 5% to 10% below approved benchmark values. The OSP determined that this decision was not supported by the legal requirements for issuing customs advance rulings.
* Adu Kyei’s decision resulted in a revenue shortfall of GHC1,074,627.15 from 531 declarations.
* Adu Kyei's cited bases for his decision, including a letter from 2018 and the World Customs Organisation guidelines, did not support his actions and could not be considered a lawful basis for issuing a customs advance ruling.
* Colonel (Rtd.) Kwadwo Damoah, Commissioner for Customs, gave tacit approval to Mr. Adu Kyei’s decision.
* The OSP determined that influence peddling by Ms. Asomah-Hinneh was evident.
* The conduct of Mr. Adu Kyei and Colonel (Rtd.) Damoah indicated an institutional culture tolerating impropriety at the Customs Division of the GRA.
As a result of these findings, the OSP directed the following actions:
Labianca Company Limited was directed to pay GHC1,074,627.15, representing the revenue shortfall from the unlawful customs advance ruling, into the Asset Recovery Account of the OSP. Labianca complied with this directive on March 31, 2022.
The Commissioner-General of the GRA was directed to submit an Integrity Plan to the OSP by December 31, 2022.
A wider investigation was directed to be opened regarding the issuance of customs advance rulings and markdown of benchmark values between July 2017 and December 2021.

### Airbus SE

The OSP has concluded its seven-year investigation into Airbus SE regarding the sale of military transport aircraft to Ghana between 2009 and 2015, initiated upon a referral by then-President Nana Addo Dankwa Akufo-Addo.
The investigation focused on allegations that former President John Dramani Mahama engaged his brother, Samuel Adam Foster (also known as Samuel Adam Mahama), and his associates as agents of Airbus SE in a bribery scheme to secure the aircraft purchase. The OSP found no evidence linking former President John Dramani Mahama or any public officer to bribery or the agency relationship between Airbus SE and Foster and his associates.
However, the OSP cautioned against close commercial dealings between high-ranking elected officials and their relatives, as they raise concerns of influence peddling and conflicts of interest. The Special Prosecutor, therefore, closed the investigation and will not pursue criminal proceedings against any individual in this matter.

### Cecelia Dapaah

In July 2023, OSP initiated an investigation into suspected corruption involving Cecilia Abena Dapaah, former Minister for Sanitation and Water Resources, and her husband, Daniel Osei-Kufour. The investigation arose from a criminal trial involving the Minister’s domestic staff. Two house helps were charged before the Accra Circuit Court for allegedly stealing sums amounting to US$1 million, €300,000, and millions of Ghanaian cedis from the former Minister’s residence in Abelenkpe, Accra, in October 2022.
Given the substantial sums reported as stolen from a public official, the OSP commenced an inquiry into the financial affairs of the Minister. Ms Dapaah was arrested, and her residence subjected to a lawful search. The OSP discovered cash holdings amounting to US$590,000 and GHC 2,730,000 respectively. The funds were seized. Subsequently, her bank accounts were also frozen pending further investigations.
During interviews, her statements led to further inquiries into persons of interest in the United States of America. The OSP collaborated with its counterparts in the Federal Bureau of Investigation (FBI) on the matter. Following months of investigation, the case was deemed to fall outside the statutory mandate of the OSP, as the evidence increasingly indicated suspected money laundering and structuring. Consequently, the matter was referred to the Economic and Organised Crime Office (EOCO) for further action
On 24 January 2024, the OSP formally withdrew all court applications for the freezing and seizure of assets, as well as criminal proceedings for failure to declare income and property to the OSP, following the case’s referral to the Economic and Organised Crime Office (EOCO). However, EOCO later returned the docket, citing a directive from the Attorney-General, which alleging that no predicate offence had been established.

### Agyenim Boateng Adjei

The trial of Adjenim Boateng Adjei, former Chief Executive of the Public Procurement Authority (PPA), is ongoing before the Criminal Division of the High Court in Accra. He faces eight charges, including using public office for profit and exerting direct and indirect influence over the procurement process to gain an unfair advantage in the awarding of public contracts.
Mr Adjei is alleged to have established Talent Discovery Limited (TDL) as a front to fraudulently secure public contracts. He served as CEO of the PPA from March 2017 to August 2019 before being dismissed by President Nana Addo Dankwa Akufo-Addo, following a recommendation from the Commission on Human Rights and Administrative Justice (CHRAJ). His dismissal came after he was featured in the investigative documentary Contract for Sale, which purportedly exposed procurement irregularities. CHRAJ subsequently referred the matter to the Office of the Special Prosecutor for further investigation and prosecution.

### Ken Ofori-Atta

The OSP is investigating Ghana’s former Minister for Finance, Kenneth Nana Yaw Ofori-Atta. Mr Ofori-Atta is required by the OSP to respond to charges in respect of several cases, including the following:
The OSP outlined five key cases under investigation:
* Strategic Mobilisation Ghana Limited & GRA Contract – Examining contracts between Strategic Mobilisation Ghana Limited and the Ghana Revenue Authority related to revenue assurance in petroleum and mineral resources.
* ECG and Beijing Technology Limited Contract Termination – Investigating the cancellation of a contract aimed at reducing distribution losses and improving ECG’s network.
* National Cathedral Project – Probing procurement, payments, and other activities linked to the construction of the National Cathedral.
* Procurement of Ambulances – Reviewing contracts awarded for the purchase and maintenance of 307 ambulances for the National Ambulance Service.
* GRA’s Tax Refund Account Payments – Investigating the disbursement and use of funds from the Ghana Revenue Authority’s tax refund account.
Mr Ofori-Atta departed Ghana on or around 2 January 2025. On 24 January 2025, the OSP formally notified him that he was considered a suspect in respect of the aforementioned cases and directed him to appear in person before the OSP on Monday, 10 February 2025.
Through his legal representatives, Mr Ofori-Atta informed the OSP that he was out of Ghana indefinitely on medical grounds and would notify the OSP upon his return. The OSP rejected his request to remain outside the jurisdiction indefinitely on medical grounds based solely on his assertion and reiterated the directive for him to appear in person on Monday, 10 February 2025. The OSP warned Mr Ofori-Atta that failure to comply would result in steps being taken to secure his return.
Subsequently, Mr Ofori-Atta transmitted to the OSP a generic letter, purportedly from a doctor in a foreign jurisdiction, stating that he had been examined, was undergoing further tests and management, and might require surgical intervention at a later date. Unconvinced that the purported medical letter constituted an official medical report confirming that he was incapacitated or physically unable to return to Ghana without endangering his life, the OSP declared him wanted and a fugitive from justice based on an arrest warrant.
Following this declaration, on 18 February 2025, Mr Ofori-Atta, through his legal representatives, communicated to the OSP, this time providing a definite date for his voluntary return to Ghana. This represented a significant shift from his previous stance of remaining outside Ghana indefinitely, and he requested that the OSP remove his name from its wanted list.
Consequently, the OSP removed Mr Ofori-Atta from the wanted list and ceased to consider him a fugitive from justice, pending his voluntary return to Ghana. Should he fail to return on the agreed date, the OSP will reinstate his wanted status and take necessary measures to secure his physical attendance in Ghana.