The Office of the Special Prosecutor (OSP) has called on Parliament to work expeditiously in passing the Corrupt Practices Act into law to codify the prohibition of all forms of corruption in the country.

The Office of the Special Prosecutor (OSP) made the clarion call after directing the closure of investigation in respect of allegations of corruption and corruption-related offences involving former Minister of State for Finance, Charles Adu Boahen.

President Akufo-Addo on November 14, 2022 requested the OSP to investigate allegations of corruption and corruption-related offences involving Mr. Adu Boahen contained in an investigative documentary titled Galamsey Economy published by investigative journalist, Anas Aremeyaw Anas and his associates operating under the corporate name of Tiger Eye P.I.

Tiger Eye P.I. audio visually recorded Mr Adu Boahen in the act of his commission of corruption and corruption-related offences. Undercover agents of Tiger Eye P.I., posing as businessmen who were interested in investing in Ghana, met with Mr. Adu Boahen and tabled their investment plans and proposals to him.

It was reported that sensing an opportunity to cash-in on his position as a Deputy Minister of Finance, Mr. Adu Boahen demanded twenty per cent (20%) of the value of the proposed initial investment or ten per cent (10%) upfront payment of the value of the proposed initial investment and post-investment sharing of the proceeds of the investment.

Per the OSP, as part of its investigations, it found out that in 2019 in Accra, Ahmed Hussein Suale, an operative of Tiger Eye P.I., who was shot to death tabled a proposal that the Al Baraka Banking Group were interested in investing in Ghana, particularly in the banking sector.

According to the OSP in its recently published report, convincing Mr. Adu Boahen was not a straightforward matter.

"Initially, he was altogether unreceptive of the idea of meeting with the supposed representatives of the Al Baraka Banking Group. Subsequently, he softened his stance and he suggested a meeting in Accra. The undercover agents demurred. They insistedon a meeting in Dubai. Eventually, Mr. Adu Boahen agreed to meet with the supposed representatives of the Al Baraka Banking Group in Dubai by taking a brief detour to Dubai on his way to Singapore on official government business," a portion of the report read.

A second meeting was held and there, a supposed wealthy sheikh expressed his desire of investing about half a billion United States dollars in Africa.

Mr. Adu Boahen, intending to assure the supposed sheikh of his political office, influence and connections, is said to have launched into his family history about his father, the relationship between the President and his father, his close ties to the President, which is akin to an uncle and nephew relationship, and his close affinity to the Vice President.

"The supposed sheikh picked up on Mr. Adu Boahen’s assurances of the comfort of his high political influence and connections, and he laid the cards of the whole purpose of the sting operation on the table by enquiring as to the percentage cut Mr. Adu Boahen would take in respect of the intended investment in the financial sector in Ghana," the report added.

After a bit of hesitation, Mr. Adu Boahen, on his own volition, suggested twenty percent (20%) of the intended investment as his cut.Mr. Adu Boahen must have meant this percentage cut demand as a shot in the dark.

The report noted that "this is because he could not believe his immense good fortune and he could not hide his utter surprise as the supposed sheikh readily agreed to his suggestion. Indeed, Mr. Adu Boahen stated that he thought the sheikh would reject the suggested percentage cut as too pricey."

The supposed sheikh offered Mr. Adu Boahen US$40,000.00 in cash as shopping money. The supposed sheikh placedthe cash on a piece of furniture close to Mr. Adu Boahen, and he accepted and collected the cash with gratitude.

During the OSP's investigation, Mr. Adu Boahen is said to have stated that he politely accepted the cash gift in order not to offend the sensibility of a potential wealthy investor looking to invest half a billion United States dollars in Ghana.

For the OSP, it was "improper" for Charles Adu Boahen to bargain for twenty percent of the value of the proposed investment and his receipt of a cash gift of US$40,000.00 from the supposed sheikh.

"Mr. Adu Boahen exhibited 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 Two Hundred Thousand United States dollars (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 OSP added.

According to the OSP, the indices point to the conclusion that Mr. 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.

The actions of Mr. Adu Boahen tantamount to trading in influence or influence peddling, the OSP said. This is the practice of using one’s influence or connections in public office or with persons in public office to obtain favours or preferential treatment for oneself or for another person, usually in return for payment.

These acts have not been specifically prohibited in our jurisdiction as crimes per se, the OSP noted.

"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," the report added.

The OSP notes that the non-prohibition of most predicate acts of corruption and corruption-related offences engenders impunity of malevolent conduct and the erosion of democratic tenets, which spawn formidable hurdles in the fight against corruption, especially in the public sector.

"On this score, the OSP calls for the passage of a Corrupt Practices Act to comprehensively codify the prohibition of all forms of corruption. Further, the OSP joins up with the positively persistent calls of the pressure group, OccupyGhana for the passage of a Conduct of Public Officers Act to properly regulate the conduct of public officers," the report added.