Deputy Attorney General Dr Justice Srem-Sai has explained why the Economic and Organised Crime Office (EOCO), instead of the Office of the Special Prosecutor (OSP), is leading Ghana’s local investigations into the AKSA bribery scandal.
Speaking exclusively to JoyNews’ Evans Mensah, Dr Srem-Sai said the decision was based on the different legal mandates of the two institutions and the offences that may be involved in the case.
He explained that the matter is not limited to allegations of bribery and corruption, but could also involve money laundering, which falls under EOCO’s mandate.
“It’s also not true that it is just about bribery and corruption. It’s also about money laundering,” he said.
“You know, so there are other offences involved in it that do not necessarily fall within the mandate of OSP but which fall within the mandate of EOCO.”
Dr Srem-Sai rejected claims that EOCO was chosen to prevent the OSP from scrutinising the case.
He said the various investigative agencies have different responsibilities and can work together where necessary.
“It is not a question of ‘I want to do it, I want to do it.’ Yes, you want to do it, but who has the mandate to do what ought to be done?” he asked.
According to him, other security agencies could also become involved depending on the circumstances surrounding the investigation.
“It could be that they can collaborate. It could also be that BNI will take over the whole thing. It could also be that the police would have done their work,” he said.
Dr Srem-Sai said the focus should not be on competition between state institutions but on ensuring that the appropriate agency handles the relevant offences.
“It is not a question of a turf war. Because the essence of all these agencies is to fight corruption and to make sure that crime does not survive in glory,” he said.
When asked whether EOCO was considered more capable than the OSP, Dr Srem-Sai referred to EOCO’s experience in dealing with economic and organised crime.
“I think the record will show – EOCO’s work over the years,” he said.
He added that EOCO’s longer history as an institution had given it significant experience in handling such cases.
“It’s an institution which — the older the institution, the more efficient and more likely it is to be,” he added.
His comments come amid criticism of the OSP’s handling of the AKSA case, with private legal practitioner Martin Kpebu questioning whether the office could conduct an impartial investigation.
Mr Kpebu has also alleged that the case was suppressed under former Special Prosecutor Kissi Agyebeng’s leadership.
Dr Srem-Sai also disagreed with calls for the matter to be handed to an independent institution to improve public confidence.
He said simply describing an institution as independent does not automatically guarantee that an investigation will be effective or free from interference.
“I understand these concerns,” he said.
He explained that decisions within the Attorney General’s Department are guided by established legal procedures and cannot simply be made without proper justification.
“So before I take a decision that I disagree with this state attorney’s view, I must put on paper my basis for that disagreement,” he said.
According to Dr Srem-Sai, such decisions must be supported by legal reasons and relevant authorities rather than political considerations.
“You cannot simply just say the President said I should drop it, so I’m dropping it. The reason would have to be stated on file,” he said.
He further argued that proper documentation makes it difficult for cases to be permanently suppressed because decisions can be reviewed by future officials.
“When we leave, you cannot save anybody because a new sheriff will come and review the files,” he said.
Dr Srem-Sai therefore maintained that the focus should be on the ability and effectiveness of investigative institutions rather than simply whether an agency is considered independent.
“Merely calling an institution independent doesn’t make it as independent as you think,” he said.
The local investigation follows the conviction in the United States of Kwaku Asante Berko, a former Goldman Sachs banker and former Managing Director of the Tema Oil Refinery, over a bribery scheme linked to a power plant project in Ghana.
