Deputy Attorney General Dr Justice Srem-Sai has explained why the Economic and Organised Crime Office (EOCO), rather than the Office of the Special Prosecutor (OSP), is leading Ghana’s local investigation into the AKSA bribery scandal.
Speaking exclusively to JoyNews’ Evans Mensah, Dr Srem-Sai said the decision was based on the distinct legal mandates of the two institutions and the range of offences that could emerge from the investigation.
He said the case extends beyond allegations of bribery and corruption to potentially include money laundering, an area that falls within EOCO’s mandate.
“It’s also not true that it is just about bribery and corruption. It’s also about money laundering,” he said.
According to him, other offences arising from the case may not fall exclusively within the OSP’s mandate, making EOCO better positioned to lead the investigation.
“There are other offences involved in it that do not necessarily fall within the mandate of OSP but which fall within the mandate of EOCO.”
Dr Srem-Sai rejected suggestions that assigning the investigation to EOCO was an attempt to prevent the OSP from scrutinising the matter.
He explained that Ghana’s various law-enforcement and investigative agencies have distinct responsibilities and may collaborate depending on the circumstances.
“It is not a question of ‘I want to do it, I want to do it.’ Yes, you want to do it, but who has the mandate to do what ought to be done?”
He noted that the investigation could also involve other state institutions, including the Bureau of National Investigations (BNI) or the Ghana Police Service, depending on the offences and circumstances established.
“It could be that they can collaborate. It could also be that BNI will take over the whole thing. It could also be that the police would have done their work.”
No turf war between investigative agencies
The Deputy Attorney General said the focus should not be on competition between investigative institutions but on ensuring that the appropriate agency handles the relevant offences.
“It is not a question of a turf war. Because the essence of all these agencies is to fight corruption and to make sure that crime does not survive in glory.”
When asked whether EOCO was considered more effective than the OSP for the investigation, Dr Srem-Sai pointed to EOCO’s institutional experience.
“I think the record will show — EOCO’s work over the years,” he said.
He argued that EOCO’s longer history provides it with significant experience in investigating economic and organised crime.
“It’s an institution which — the older the institution, the more efficient and more likely it is to be.”
His comments come amid criticism of the handling of the AKSA matter by the OSP. Private legal practitioner Martin Kpebu has questioned the office’s ability to conduct an impartial investigation and has alleged that the case was suppressed under former Special Prosecutor Kissi Agyebeng’s leadership.
Srem-Sai defends institutional safeguards
Dr Srem-Sai also rejected calls for the investigation to be transferred to an independent institution as a means of strengthening public confidence.
He argued that describing an institution as independent does not, by itself, guarantee that investigations will be free from interference or produce better outcomes.
“I understand these concerns,” he said, while explaining that decisions within the Attorney General’s Department are subject to established legal processes.
According to him, senior officials cannot simply disregard the professional advice of state attorneys without recording the reasons for doing so.
“So before I take a decision that I disagree with this state attorney’s view, I must put on paper my basis for that disagreement.”
He stressed that such decisions must be supported by legal reasoning and relevant authorities rather than political instructions.
“You cannot simply just say the President said I should drop it, so I’m dropping it. The reason would have to be stated on file.”
Dr Srem-Sai further argued that maintaining a documented record of decisions makes it difficult for individuals to permanently suppress cases because subsequent officeholders can review the files.
“When we leave, you cannot save anybody because a new sheriff will come and review the files,” he said.
He therefore maintained that public attention should focus on the capacity, legal mandate and effectiveness of investigative institutions rather than simply whether an agency is formally described as independent.
“Merely calling an institution independent doesn’t make it as independent as you think.”
AKSA investigation follows US conviction
The local investigation follows the conviction in the United States of Kwaku Asante Berko, a former Goldman Sachs banker and former Managing Director of the Tema Oil Refinery, in connection with a bribery scheme linked to a power plant project in Ghana.
The Ghanaian authorities’ investigation is expected to determine whether offences were committed within Ghana and whether additional individuals or entities may have breached Ghanaian law.
Dr Srem-Sai’s comments therefore place the decision to have EOCO lead the investigation within the broader framework of institutional mandates, particularly where allegations of money laundering and other economic crimes may arise alongside bribery and corruption.
