Special Prosecutor Kissi Agyebeng has called for the introduction of a reverse onus provision in Ghana’s legal framework to strengthen the fight against corruption and unexplained wealth.
According to him, the law should allow a presumption of corruption to arise where an individual is unable to satisfactorily explain wealth that is clearly disproportionate to their lawful sources of income.
“The presumption of corruption should be instituted where it is very clear that a person is unable to explain their wealth as much to their lawful sources of income,” he said.
Mr Agyebeng made the proposal during the second edition of the National Anti-Corruption Dialogue in Accra.
Burden of explanation
The Special Prosecutor said once such a presumption is established, the affected individual should be required to provide evidence demonstrating that their wealth and lifestyle are supported by legitimate sources of income.
“If we mount this presumption, then it will be up to the person to set aside the presumption by saying, I have lawful means of income to support this kind of lifestyle,” he stated.
He argued that such a measure could strengthen efforts to address unexplained wealth and make it easier for anti-corruption institutions to pursue assets suspected to have been acquired through illicit means.
Call for stronger anti-corruption framework
The proposal forms part of Mr Agyebeng’s broader call for reforms aimed at strengthening asset recovery and improving the effectiveness of Ghana’s anti-corruption institutions.
He cited the need to enhance the capacity and legal tools available to institutions such as the Office of the Special Prosecutor (OSP) and the Economic and Organised Crime Office (EOCO) in the fight against corruption and illicit enrichment.
The proposed reverse onus approach, he said, would help ensure that individuals whose wealth is significantly out of proportion to their known lawful income are required to account for the source of their assets.
