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Club Mate Blog of Monday, 1 May 2023

Source: Club Mate

OSP has the power to question the lifestyle of every person – Kissi Agyebeng

Mr. Kissi Agyebeng, the Special Prosecutor, has recently clarified that the responsibilities of his office go beyond just public officials. He stated that the Office of the Special Prosecutor (OSP) also has jurisdiction over politically exposed individuals and private citizens.

Mr. Agyebeng explained that politically exposed individuals include those who have held prominent public positions in Ghana, foreign countries, or international organizations such as high-ranking officials in political parties, government officials, judges, military officials, executives of state-owned companies in foreign countries, senior officials in foreign political parties, or immediate family members and close associates of these individuals.

He also emphasized that the OSP has the authority to investigate the lifestyle of any individual through their property and income declaration and the seizure of assets regime. This is not the standard asset declaration process where public officials are required to declare their assets when they take and leave office to combat corruption.

The OSP's system is more extensive, targeting illicit and unexplained wealth among public officials and private citizens. A person's declared wealth is compared to their lawful income, and if their declared wealth exceeds their lawful income, the excess can be forfeited to the state. Furthermore, any undeclared assets are automatically forfeited to the state.

Mr. Agyebeng emphasized the urgent need to address the issues of state capture, corruption, and fraud, which he described as a collective pandemic in our part of the world. These issues hinder progress and waste resources. In Ghana, fair and deserving standards for the allocation of resources and opportunities are elusive due to the abuse of power for personal gain.

Misrepresentations of events and facts for financial gain have become attractive, and there appears to be a rush to control state institutions and the public decision-making process for personal gain. State institutions are being neutralized as appendages of individuals, and existing laws and the legal system are being weakened to serve private interests.

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