The Special Prosecutor, Kissi Agyebeng, has announced a significant shift in the Office of the Special Prosecutor (OSP), effectively ‘rebirth’ it following a unanimous Supreme Court ruling upholding the constitutionality of its prosecutorial mandate. The OSP has initiated an investigation into the Ghana dimension of a $1 million bribery case linked to former Managing Director of the Tema Oil Refinery (TOR), Kwaku Asante Berko, who was recently convicted in the United States. This case centers on a deal between Ghana and Turkish energy firm Aksa Enerji Uretim A.S., a Goldman Sachs client, involving the development and financing of a 370-megawatt fuel oil plant in Tema, under a complex agreement.
Following the conviction, the Special Prosecutor has named five individuals as persons of interest in the investigation. These include former Minister of Power, Dr. Kwabena Donkor; Ghanaian energy expert and former Technical Adviser to the Minister of Power, Francis Woolley-Kwesi Dzata; former Deputy Director at the ministry, Solomon Asiedu-Asare; a Director at Tricorp Group Limited, an energy solutions and multifaceted engineering services, Lyndon Goerge Nii Saul Mettle, and Baffuor Ankoma Brobbey, an employee of the same company.
The investigation, and the subsequent announcement, is being framed as an effort to address the domestic implications of the US case. The Special Prosecutor emphasized that the OSP provided investigative and evidentiary assistance to the FBI through Ghana’s mutual legal assistance framework, a crucial element recognized as ‘significant’ by the U.S. Department of Justice. Relatedly, a report detailing the OSP’s behind-the-scenes assistance to the FBI in uncovering Berko’s bribery and money laundering activities was published. The OSP’s mandate extends beyond simply investigating; it is actively prosecuting 33 individuals, conducting 79 cases, and securing 161 at preliminary investigation cases, representing a substantial commitment to criminal prosecution.
The OSP has also recovered GH¢8.518 million and US$2 million in cash and other assets, and has credited the office with safeguarding the Tema Oil Refinery and reforming customs and government payroll systems. Agyebeng underscored that the OSP’s record demonstrates a commitment to effective prosecution, stating that as of December 31, 2025, the office was prosecuting 33 persons, overseeing 79 cases, and securing seven convictions through court-sanctioned plea agreements.
Critically, Agyebeng invited critics who argued that the OSP’s effectiveness is questionable, and called for greater inter-agency cooperation among investigative bodies. He stated that the OSP’s performance was ‘testable’ and urged those questioning its efficacy to assess its track record over the years through statistical analysis and benchmarks against established institutions. Agyebeng further asserted that the OSP has a crucial role in strengthening anti-corruption measures, specifically advocating for non-conviction-based asset recovery and a reverse-onus lifestyle audit regime for unexplained wealth. Specifically, he advocated for expanded anti-corruption powers, including enhanced asset recovery and a review of existing wealth-related regulations to address the underlying issues of wealth accumulation and its potential impact on governance.”
This investigation follows a substantial increase in the OSP’s caseload, with a significant increase in the number of cases being prosecuted and the number of convictions secured, demonstrating the office’s renewed focus on combating corruption and financial crime.
The OSP is also reviewing its strategies for addressing the complex challenges of investigating financial crimes, particularly those involving international transactions and complex corporate structures.
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Source: Graphic Online
