The Special Prosecutor of Ghana, Mr Kissi Agyebeng, has called for significant constitutional reforms and a shift in national mindset to strengthen the fight against corruption and state capture. He stressed that these measures are crucial to ensuring the country’s development.
Speaking at the 5th Annual Constitution Day Public Lecture in Accra on 28 February, Mr Agyebeng proposed embedding the Office of the Special Prosecutor (OSP) within the Constitution to safeguard its independence and operational effectiveness. He argued that the current legal framework, under Section 79 of Act 959, is ambiguous and unnecessarily complex, creating confusion rather than clarity.
“We must transform the constitution by integrating anti-corruption concepts and institutions into its structure. Upon this foundation, we can build a robust and pragmatic statutory framework to make corruption a high-risk, costly, and unattractive enterprise,” he stated.
A Comprehensive Anti-Corruption Law
Addressing the theme ‘A Few Good Men: Suppressing and Repressing Corruption and State Capture in Aid of Development’, Mr Agyebeng advocated for the enactment of a comprehensive Corrupt Practices Act. This legislation, he suggested, would clearly define corruption and related offences, providing a structured and direct approach to tackling all forms of corrupt practices while eliminating legal loopholes.
He acknowledged the significant challenges in fighting corruption, emphasising the necessity of public support and collective sacrifice. He also highlighted deliberate efforts to undermine the work of the OSP, including calls from influential quarters to dissolve the office.
“We frequently hear calls—often from the highest levels—that the OSP should be scrapped because it serves no useful purpose. There are also continuous attempts to discredit the Office and its principal officers, often from individuals under investigation or their associates,” he noted.
Despite these challenges, Mr Agyebeng reaffirmed that the OSP remains Ghana’s best opportunity to combat corruption, even though it is often perceived as an inconvenience.
Cultural and Legal Shifts Needed
The Special Prosecutor acknowledged the complexities of proving corruption, particularly the blurred lines between lawful and unlawful gifting. He described a culture where gifts and promises are exchanged in ways that obscure accountability. He argued that addressing this issue requires not only legal reforms but also a fundamental shift in societal attitudes.
As part of the solution, he called for the introduction of unexplained wealth investigations and lifestyle audits, extending beyond public officials to private individuals with questionable wealth. He also emphasised the need for greater transparency in political party financing and a crackdown on the monetisation of public elections.
Specialised Anti-Corruption Courts
To ensure effective prosecution, Mr Agyebeng proposed the establishment of specialised anti-corruption courts, staffed by judges with specific training in handling corruption cases. He underlined the importance of judicial independence and urged the promotion of a culture that rewards integrity and upholds truth within the judiciary.
He further suggested the integration of anti-corruption studies into school curricula at both the basic and secondary levels, aiming to instil strong moral principles in future generations. He stressed that societal interest must always take precedence over personal gain.
Public Lecture and Expert Review
The lecture, open to the public, was organised by the UPSA Law School in collaboration with the One Ghana Movement. The event was reviewed by Professor H. Kwesi Prempeh, the Executive Director of CDD-Ghana and the newly appointed Chair of the Constitution Review Committee.
Among the attendees was Alexander Afenyo-Markin, the Minority Leader of Parliament, who also reviewed Mr Agyebeng’s submission.
The call for reforms by the Special Prosecutor signals a renewed effort to fortify Ghana’s fight against corruption. However, the success of such measures will depend on political will, institutional support, and a collective commitment from the public to uphold transparency and accountability.
