In an address at the High-Level Conference on Ghana’s Anti-Corruption Architecture, Special Prosecutor Kissi Agyebeng delivered a candid assessment of the nation’s struggle against graft, calling for a fundamental shift in approach, including a constitutional amendment for non-conviction-based asset recovery and a robust system for verifying declared assets.
Agyebeng began by highlighting a pervasive sense of disillusionment among the populace, where the increasing number of anti-corruption laws has not translated into a decrease in illicit activities.
“The more laws we pass, the more people steal, and nothing happens. It is not uncommon to hear citizens ask, why can’t I also make money illegally? After all, what will happen?” He lamented. “On the streets, the sentiment is sharper. The law only catches the small fishes. The big men always walk free.”
” Your Excellency, this is not cynicism. It is our reality. Let me quote this old Negro spiritual, which probably captures the vicissitudes of the fight against corruption
in our accountability journey. It goes like this. “Sometimes it’s up, sometimes it’s down,
sometimes it’s down to the ground.” Our anti-corruption drive has been pockmarked by ups, downs and
sometimes downright downs. We begin by collectively acknowledging that we must fight corruption.” He stated.
He acknowledged the collective will to combat corruption, which often begins with a glimmer on the horizon and righteous excitement, only to be met with the grim reality of repelling accountability, emphasizing that no one cheerfully welcomes scrutiny, and the natural human inclination is to avoid accountability.
Agyebeng elaborated on the cycle where aggression, greed, and individual interests erode efforts, causing the glimmer of hope to dim. He stressed that his reflection was not meant to discourage but to awaken a renewed purpose to revitalize the anti-corruption architecture.
The Special Prosecutor underscored Ghana’s historical commitment to accountability, tracing it from traditional chieftaincy institutions and extended family systems to significant moments in statehood. He cited the firm rejection of the Crown Lands Bill in the 1890s and the 1948 boycotts and riots as evidence of the Ghanaian people’s inherent demand for just and fair governance grounded in accountability.
Kissi Agyebeng noted that despite repeated efforts and a consistent focus on anti-corruption in successive governments, including military regimes and the last four election cycles, Ghana’s position on corruption perception indices remains firmly within the average region, highlighting findings from past commissions of inquiry, such as the 1959 Cargo Commission and the 1970 Edo Report, which consistently revealed widespread corruption, manifesting in various forms.
He explained that the existing anti-corruption provisions, primarily found in the Criminal Offenses Act 1960, largely target public officials, with private persons only implicated if they corrupt or seek to corrupt public officers. This, he argued, created a significant gap.
Kissi highlighted the establishment of the Office of the Special Prosecutor (OSP) as a critical step in expanding the fight against corruption beyond the traditional arena of public life. The OSP’s mandate, he explained, extends to public offices, politically exposed persons, and persons in the private sector.
Crucially, Ayebeng stated that he would not support calls for the public scrutiny of declared assets. He argued that public publication would be unhelpful and lead to inordinate public curiosity and the real likelihood of reprisals against the assets. Instead, he proposed that a publication of who has declared or has not declared his assets in the context of a workable asset verification and tracing model would be sufficient to assure the integrity of the assets declaration system.
“We should move beyond mere repositories to a system of verification and tracing undeclared assets however and I’m coming to disappoint some of you I do not and I will not add my voice to calls for the publication of assets for public scrutiny in our experience it will be unhelpful and would merely subject public officers to inordinate public curiosity and respect of the real likelihood of reprisals against the assets in my estimation a publication of who has declared or has not
declared his assets in the context of a workable asset verification and tracing model would be sufficient to assure the integrity of the assets declaration system on another score.” He affirmed.
Concluding his address, Special Prosecutor Agyebeng expressed a deep-seated hope that Ghana would strive to change the narrative and fashion our own course, ensuring that the glimmer on the horizon eventually shines bright overhead, leading to a just and prosperous nation.
Story By: Eugenia Ewoenam Osei
