Justice Srem-Sai ‘descends’ on OSP for clearing Adu Boahen of any crime in Galamsey Economy exposé

Renowned private legal practitioner and law lecturer, Dr Justice Srem-Sai, has slammed the Office of the Special Prosecutor (OSP) for clearing former Minister of State (in charge of finance), Charles Adu Boahen, of any crime in its investigation on the Galamsey Economy exposé.

According to him, it is shocking that the OSP would say Charles Abu Boahen committed no crime given the things he (Adu Boahen) was captured doing in the ‘Galamsey Economy’ exposé by Anas Aremeyaw Anas.

In a post shared on X on November 2, 2023, Dr. Srem-Sai indicated that the former minister of state committed at least three crimes in the documentary.

“A government official demanded 20% of the value of an investment from a private investor before the investment. (2) He demanded additional US$ 200,000 from the investor as a non-refundable fee before he would connect the investor to the country’s Vice President for a pitch. (3) That’s not all, the government official, then, accepted US$ 40,000 in cash from the investor during the discussions on the intended investment.

"Now, Ghana’s OSP investigated and found all these as facts. He did not find that the evidence was weak or inadmissible. Rather, this is what he did: (1) He describes the 20% value demand, and the acceptance of the US$ 40,000 cash as merely “improper” and matter of lack of “sound judgment.” (2) He bundles all these acts together and chose to label them as “influence peddling.” And (3) he concluded that he couldn’t find any law in Ghana which makes any of the government official’s actions a crime.

“This, I think, constitutes stated misbehaviour on the part of the OSP,” the esteemed lawyer wrote.

What the OSP said about Adu Boahen in its report:

The Office of the Special Prosecutor (OSP) cleared Charles Adu Boahen, a former Minister of State for Finance, of allegations related to influence peddling in its report, which was published on October 30, 2023.

The OSP’s investigation revealed that Mr. Adu Boahen had engaged in discussions with the supposed Sheikh, during which he appeared to solicit an appearance fee for the Vice President and accepted a cash gift of $40,000.

The OSP's report shed light on the undercover operation, stating, "The undercover agents secretly audio-visually recorded the entirety of both meetings."

However, the report by the OSP also highlighted Mr. Adu Boahen's perspective, stating, "Mr. Adu Boahen stated that he politely accepted the cash gift in order not to offend the sensibility of a potential wealthy investor looking to invest half a billion United States dollars in Ghana."

Despite these allegations and the appearance of impropriety, the OSP ultimately concluded that Mr. Adu Boahen's actions did not constitute criminal conduct under current Ghanaian law.

The report explained, "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."

As a result, the Special Prosecutor directed the closure of the investigation, leaving the door open for potential future action if circumstances change.

The report emphasized the need for legislative changes to address this gap, stating, "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."

In addition to closing the investigation, the OSP joined the calls of the pressure group OccupyGhana in advocating for the passage of a Corrupt Practices Act and a Conduct of Public Officers Act to comprehensively regulate and codify the prohibition of all forms of corruption in Ghana.

About the ‘Galamsey Economy’ exposé:

The minister of state at the Finance Ministry, Charles Adu Boahen was sacked by President Nana Addo Dankwa Akufo-Addo over an exposé “Galamsey Economy”, a documentary by investigative journalist Anas Aremeyaw Anas.

A statement issued by the Director of Communications at the Presidency, Eugene Arhin on Monday, November 14, 2022, said that the position of the Minister of State at the Ministry of Finance has been terminated with immediate effect.

It also indicated that the president spoke with Adu Boahen after learning about the accusations made against the Minister in the exposé "Galamsey Economy," at which time he decided to revoke his appointment and refer the case to the Special Prosecutor for investigations.

According to the documentary by investigative journalist Anas Aremeyaw Anas, Adu Boahen allegedly told the undercover agents that Vice President Dr Mahamudu Bawumia only requires a symbolic payment of $200,000 to make an appearance before meetings with fictitious businesses.

The minister is also alleged to have stated that the vice president would expect certain positions from an investor to support and persuade his siblings to start a firm in Ghana.

View the lawyer’s post in the video below:

A government official demanded 20% of the value of an investment from a private investor before the investment. (2) He demanded additional US$ 200,000 from the investor as a non-refundable fee before he would connect the investor to the country’s Vice President for a pitch. (3)…

— Justice Srem-Sai (@JusticeSremSai) November 2, 2023