Deputy Attorney -General, Dr Justice Srem-Sai has explained that the Economic and Organised Crime Office (EOCO), rather than the Office of the Special Prosecutor (OSP), is leading Ghana’s local investigations into the AKSA bribery scandal because the matter potentially involves offences beyond bribery and corruption.
Speaking exclusively to JoyNews, Dr Srem-Sai said the allegations could include money laundering, which falls within EOCO’s statutory mandate.
He stressed that the choice of investigative agency was based on the respective legal mandates of state institutions and should not be viewed as competition between them.
“It’s also not true that it is just about bribery and corruption. It’s also about money laundering,” he said.
According to him, while bribery and corruption may fall within the OSP’s area of responsibility, other offences arising from the investigation could fall under EOCO’s mandate.
Dr Srem-Sai said the various security and investigative agencies could also collaborate, depending on how the investigation develops.
He cited the possibility of involvement by the Bureau of National Investigations (BNI) or the Ghana Police Service, stressing that the key consideration should be which institution has the appropriate mandate to investigate a particular offence.
“It is not a question of a turf war,” he said, adding that the ultimate objective of the agencies was to combat corruption and organised crime.
Responding to suggestions that EOCO was selected because it was considered more efficient than the OSP, Dr Srem-Sai pointed to the agency’s track record and longer institutional history.
He argued that EOCO’s years of experience in investigating economic and organised crime gave it significant institutional capacity.
His comments come amid criticism of the handling of the AKSA case by the OSP, with private legal practitioner Martin Kpebu questioning the office’s ability to conduct an impartial investigation.
Mr Kpebu has also alleged that the matter was suppressed under Special Prosecutor Kissi Agyebeng’s leadership.
Dr Srem-Sai rejected suggestions that the investigation should necessarily be transferred to an independent institution to guarantee public confidence.
He argued that the effectiveness and independence of an institution should be assessed by the processes and safeguards governing its decisions, rather than simply by its institutional description.
The Deputy Attorney- General also defended the decision-making processes within the Attorney -General’s Department, insisting that senior officials cannot simply disregard legal advice without providing reasons.
He said disagreements with the advice of state attorneys must be documented and supported by legal reasoning and relevant authorities.
According to him, decisions cannot lawfully be justified merely by 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,” he said.
Dr Srem-Sai further argued that proper documentation provides an important safeguard against the permanent suppression of investigations because files and decisions can be reviewed by succeeding officials.
He maintained that the focus should therefore remain on ensuring that the appropriate investigative institution has the capacity and mandate to establish the facts.
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 (TOR), over a bribery scheme linked to the development of a power plant project in Ghana.
The case has renewed public debate over the AKSA power deal, the role of Ghanaian officials and the responsibility of domestic institutions to investigate any potential offences arising from the matter.
