Paragraph 1: The Genesis of the Investigation and the Search Warrant
The Office of the Special Prosecutor (OSP) in Ghana has embarked on an investigation into a contentious contract between the Ghana Revenue Authority (GRA) and Strategic Mobilisation Ghana Limited (SML) concerning downstream petroleum revenue assurance. This investigation stemmed from an investigative petition filed by journalist Manasseh Azure Awuni, alleging irregularities in the contract. As part of its investigative process, the OSP sought to obtain crucial documents from SML. However, SML’s legal team, exercising their legal prerogative, declined the OSP’s initial request for these documents. This refusal prompted the OSP to seek a court-issued search warrant to retrieve the necessary information from SML’s premises. The OSP maintains that the search warrant was a necessary legal measure to advance their investigation and was obtained through proper legal channels.
Paragraph 2: Executing the Search Warrant and Ensuring Transparency
The OSP executed the court-issued search warrant on SML’s premises. Samuel Appiah Darko, the OSP’s Director of Strategy, Research and Communication, clarified that the search was conducted lawfully and respectfully. He emphasized that no property was damaged during the operation and that a meticulous inventory of seized items was documented using the OSP’s standard Form 3, titled “Inventory of items seized or detained during search by an authorised officer.” This form was duly signed by representatives from both the OSP and SML, along with an independent witness, ensuring transparency and accountability in the process. Mr. Darko also underscored that SML staff were explicitly informed that they were not under arrest and that their cooperation was expected throughout the search.
Paragraph 3: The OSP’s Independence and Impartiality
The OSP has vehemently refuted any suggestions of political influence or external pressure in its investigation into the GRA-SML contract. Mr. Darko reiterated that the OSP operates independently and is driven solely by its mandate to investigate and prosecute corruption and related offenses. He emphasized that the investigation is not motivated by any external individuals, groups, or influences. Furthermore, Mr. Darko explained that the OSP had initially paused its investigation out of deference to a separate, independent audit of the GRA-SML transactions commissioned by President Nana Addo Dankwa Akufo-Addo and conducted by KPMG. This pause demonstrated the OSP’s commitment to avoid duplication of effort and to respect the integrity of the presidential audit.
Paragraph 4: The Presidential Audit and the Right to Information Request
President Akufo-Addo commissioned KPMG to conduct a comprehensive audit of the GRA-SML transactions on December 29, 2023. The objective of the audit was to gain a complete understanding of the allegations surrounding the contract and to inform any subsequent government decisions. Following the completion of the KPMG audit, the Media Foundation for West Africa (MFWA) submitted a formal request under the Right to Information Act (RTI) on April 24, 2024, seeking access to the audit report. The Presidency initially declined the MFWA’s request, citing exemptions under Section 5 of the RTI Act, which protects information related to presidential communication and cabinet deliberations.
Paragraph 5: Presidential Transparency and Public Scrutiny
In a move towards greater transparency, President Akufo-Addo reversed the initial decision to withhold the KPMG audit report. On May 22, 2024, he ordered the full public release of the report, emphasizing his commitment to transparency in governance, openness, and honesty with the public. The President’s decision to waive the privilege under Section 5 of the RTI Act demonstrated a commitment to public accountability and allowed for greater scrutiny of the GRA-SML contract. The release of the report has further fueled public interest in the case and intensified scrutiny of the OSP’s ongoing investigation.
Paragraph 6: Implications and Ongoing Investigation
The release of the KPMG audit report and the ongoing OSP investigation have placed the GRA-SML contract under intense public scrutiny. The case raises concerns about potential corruption and conflicts of interest in the oversight of public revenue. The OSP’s investigation is crucial in determining whether any wrongdoing occurred and in holding those responsible accountable. The outcome of the investigation will have significant implications for public trust in government institutions and the management of public funds. As the investigation progresses, the public awaits further updates from the OSP and anticipates a thorough and impartial resolution to this potentially significant corruption case. The case highlights the importance of transparency and accountability in government dealings and the crucial role of investigative journalism and independent oversight bodies in safeguarding public resources.
