The Director-Strategy, Research and Communication at the Office of the Prosecutor has justified why the office could not prosecute former Minister of State at the Finance Ministry, Charles Adu Boahen for influence peddling.
Speaking on JoyNews’ The Law on Sunday, November 5, Samuel Appiah Darko explained that although influence peddling may be an offence in many other jurisdictions which could land him in jail, it is not so in Ghana.
This, he said is because there is no direct law in the country to prosecute Mr Adu Boahen.
“Currently, as we speak, we do not have a particular law that we can use to succeed in a court of law,” he said.
He added, “So we are saying two things – we have looked at the evidence and the fact and do not think that the evidence and the fact as at this material moment could sustain a charge in court.”
According to him, taxpayer’s money cannot be wasted by going to court over a case that won’t be successful.
In this regard, he called on citizens to put pressure on the government to formulate a comprehensive corruption law [Corrupt Practices Act].
The OSP in its report on the case involving Mr Adu Boahen stated that although there was a case of influence peddling, it is unable to prosecute him, as influence peddling is not codified in Ghana as an actual corruption offence.
The OSP says the is mandated to investigate only corruption and corruption-related offences. The office has consequently called for the passage of a Corrupt Practices Act to comprehensively codify the prohibition of all forms of corruption.
The OSP's investigative findings issued said those alleged crimes can be handled by the Attorney-General.
Read also: Charles Adu Boahen engaged in influence peddling but… – OSP
He also announced the closure of the investigation into the allegations made against Mr Adu Boahen.
But the National Democratic Congress (NDC) has expressed disappointment in the report of the OSP.
The party says the OSP's actions amount to a cover-up and should be rejected by Ghanaians.
In a statement issued on Tuesday, October 31, and signed by the National Communications Officer, Sammy Gyamfi, the NDC argued that Adu Boahen's actions, as highlighted by Anas Aremeyaw Anas and his Tiger Eye P.I. agency, amounted to extortion, a clear violation of the nation's laws.
The party has declared that should it regain power in the 2024 general elections, it will initiate criminal proceedings in this matter, asserting that such misconduct cannot go unpunished.
Meanwhile, the party has called on the OSP to reconsider its report, which suggests that the former minister only engaged in influence peddling, as this has the potential to erode public confidence in the Office of the Special Prosecutor if not promptly reviewed.
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