The National Communications Officer of the National Democratic Congress (NDC), Sammy Gyamfi, has described the report issued by the Office of the Special Prosecutor (OSP) on the former Minister of State at the Finance Minister Charles Adu Boahen as a cover-up.
He said the report has the potential to dampen public confidence in the Office of Special Prosecutor if not reviewed immediately.
Sammy Gyamfi maintained that the conduct of Charles Adu Boahen constituted corruption of monumental proportions and must not go unpunished.
“We wish to serve notice, that the next NDC government shall institute criminal investigations into this matter with the objective of prosecuting all those found culpable. Until then, we urge the Ghanaian public to treat this report with the contempt it deserves and demand a total reversal of this disappointing decision of the OSP,” he said. in a statement on Tuesday, October 31.
The OSP directed the closure of the investigation on Mr. Adu Boahen after stating that though his conduct amounted 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.
“On that reckoning, the Special Prosecutor directs the closure, at this time, of the investigation in respect of allegations of corruption and corruption-related offences involving Charles Adu Boahen contained in the investigative documentary titled Galamsey Economy published by Tiger Eye P.I. The investigation may be re-opened should the circumstances and further facts so dictate.
“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 OSP said in a statement on Monday October 30.
President Nana Addo Dankwa Akufo-Addo sacked Mr Adu Boahen for being captured in a documentary dubbed ‘Galamsey Economy’, a documentary compiled by investigative journalist Anas Aremeyaw Anas.
“The President of the Republic, Nana Addo Dankwa Akufo-Addo, has terminated the appointment of the Minister of State at the Ministry of Finance, Mr. Charles Adu Boahen, with immediate effect.
“After being made aware of the allegations levelled against the Minister in the exposé, ‘Galamsey Economy’, the President spoke to Mr. Adu Boahen, after which he took the decision to terminate his appointment, and also to refer the matter to the Special Prosecutor for further investigations,” a statement issued by the Director of Communications at the Presidency, Mr Eugene Arhin said on Monday, November 14, 2022.
Responding to the OSP’s report, Sammy Gyamfi said “The NDC has noted with disgust the report of the Office of Special Prosecutor (OSP) on investigations into alleged commission of corruption and corruption-related offenses involving former Deputy Finance Minister, Charles Adu Boahen. The conclusion by the OSP at paragraph 7.1 of the said report, that, ‘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’ is totally flawed and misconceived.
“Having forensically verified the audio-visual recording adduced by Tiger Eye P.I as a true reflection of the events represented thereon, and having conclusively established that Charles Adu Boahen indeed, demanded a bribe of 20% of the value of the initial investment or an an upfront payment of 10% of the value of the proposed investment and a post-investment sharing of the proceeds of same from undercover agents of Tiger Eye P.I who were posing as businessmen interested in investing in Ghana, it is totally unacceptable for the OSP to have concluded that Charles Adu is not guilty of a crime.
For the avoidance of doubt, Charles Adu Boahen’s conduct as captured in the ‘Galamsey Economy’ documentary of Tiger Eye P.I clearly amounts to the offense of Extortion as provided under section 247 of the Criminal and Other Offenses Act, 1960 (ACT 29), as amended, which provides as follows; ‘Explanation as to Extortion. A public officer commits extortion who, under colour of office, demands or obtains from a person, whether for public purposes or for personal gain, or for any other person money or valuable consideration which the public officer knows is not lawfully authorised or at a time at which the public officer knows is not lawfully authorized to demand or to obtain that money or valuable consideration.’
“The report smacks of a coverup and has the potential to dampen public confidence in the Office of Special Prosecutor if not reviewed immediately. The conduct of Charles Adu Boahen constitutes corruption of monumental proportions and must not go unpunished.
“We wish to serve notice, that the next NDC government shall institute criminal investigations into this matter with the objective of prosecuting all those found culpable. Until then, we urge the Ghanaian public to treat this report with the contempt it deserves and demand a total reversal of this disappointing decision of the OSP.”