NDC challenges OSP’s claim that Adu Boahen committed no crime in ‘Galamsey Economy’ exposé

The largest opposition political party in Ghana, the National Democratic Congress (NDC), has commented on the investigative report by the Office of the Special Prosecutor (OSP) on the former Minister of State (in charge of finance) Charles Adu Boahen, who was referred to the OSP by President Nana Addo Dankwa Akufo-Addo after he was implicated in the ‘Galamsey Economy’ exposé.

In a statement cited by GhanaWeb, the NDC indicated that the conclusion of the OSP in the report that Adu Boahen only engaged in influence peddling, which is not currently a crime under the laws of the country, is laughable.

It explained that the former minister of state's action, which was captured in the ‘Galamsey Economy’ exposé by Anas Aremeyaw Anas, amounts to extortion, which is a crime under the laws of Ghana.

“Having forensically verified the audio-visual recording adduced by Tiger Eye P.I. as a true reflection of the events represented thereon and having conclusively established that Charles Adu Boahen indeed demanded a bribe of 20% of the value of the initial investment or an upfront payment of 10% of the value of the proposed investment and a post-investment sharing of the proceeds of same from undercover agents of Tiger Eye P.I. who were posing as businessmen interested in investing in Ghana, it is totally unacceptable for the OSP to have concluded that Charles Adu is not guilty of a crime.

“For the avoidance of doubt, Charles Adu Boahen’s conduct as captured in the “Galamsey Economy” documentary of Tiger Eye P.I. clearly amounts to the offense of extortion as provided under Section 247 of the Criminal and Other Offenses Act, 1960 (ACT 29), as amended,” parts of the statement, which was issued by the National Communication Officer of the NDC, Sammy Gyamfi, on October 30, 2023, read.

The NDC went on to explain that "a public officer commits extortion who, under colour of office, demands or obtains from a person, whether for public purposes or for personal gain or for any other person, money or valuable consideration which the public officer knows is not lawfully authorised or at a time at which the public officer knows is not lawfully authorized to demand or to obtain that money or valuable consideration”.

It accused the OSP of engaging in a coverup and called on Ghanaians to rise and demand that the OSP reverse its disappointing decision.

What the OSP said about Adu Boahen in its report:

The Office of the Special Prosecutor (OSP) cleared Charles Adu Boahen, a former Minister of State for Finance, of allegations related to influence peddling in its report, which was published on October 30, 2023.

The OSP’s investigation revealed that Mr. Adu Boahen had engaged in discussions with the supposed Sheikh, during which he appeared to solicit an appearance fee for the Vice President and accepted a cash gift of $40,000.

The OSP's report shed light on the undercover operation, stating, "The undercover agents secretly audio-visually recorded the entirety of both meetings."

However, the report by the OSP also highlighted Mr. Adu Boahen's perspective, stating, "Mr. Adu Boahen stated that he politely accepted the cash gift in order not to offend the sensibility of a potential wealthy investor looking to invest half a billion United States dollars in Ghana."

Despite these allegations and the appearance of impropriety, the OSP ultimately concluded that Mr. Adu Boahen's actions did not constitute criminal conduct under current Ghanaian law.

The report explained, "Though the conduct of Mr. Adu Boahen amounts to trading in influence or influence peddling, which is closely associated with corruption, there is no actual criminal prohibition of his acts in respect of which the OSP has a mandate to further act."

As a result, the Special Prosecutor directed the closure of the investigation, leaving the door open for potential future action if circumstances change.

The report emphasized the need for legislative changes to address this gap, stating, "The non-prohibition of most predicate acts of corruption and corruption-related offences engenders impunity of malevolent conduct and the erosion of democratic tenets, which spawn formidable hurdles in the fight against corruption, especially in the public sector."

In addition to closing the investigation, the OSP joined the calls of the pressure group OccupyGhana in advocating for the passage of a Corrupt Practices Act and a Conduct of Public Officers Act to comprehensively regulate and codify the prohibition of all forms of corruption in Ghana.

About the ‘Galamsey Economy’ exposé:

The minister of state at the Finance Ministry, Charles Adu Boahen was sacked by President Nana Addo Dankwa Akufo-Addo over an exposé “Galamsey Economy”, a documentary by investigative journalist Anas Aremeyaw Anas.

A statement issued by the Director of Communications at the Presidency, Eugene Arhin on Monday, November 14, 2022, said that the position of the Minister of State at the Ministry of Finance has been terminated with immediate effect.

It also indicated that the president spoke with Adu Boahen after learning about the accusations made against the Minister in the exposé "Galamsey Economy," at which time he decided to revoke his appointment and refer the case to the Special Prosecutor for investigations.

According to the documentary by investigative journalist Anas Aremeyaw Anas, Adu Boahen allegedly told the undercover agents that Vice President Dr Mahamudu Bawumia only requires a symbolic payment of $200,000 to make an appearance before meetings with fictitious businesses.

The minister is also alleged to have stated that the vice president would expect certain positions from an investor in order to support and persuade his siblings in starting a firm in Ghana.

Read the full statement by the NDC below:

PRESS STATEMENT

For Immediate Release

31st October, 2023

The NDC has noted with disgust the report of the Office of Special Prosecutor (OSP) on investigations into alleged commission of corruption and corruption-related offenses involving former Deputy Finance Minister, Charles Adu Boahen.

The conclusion by the OSP at paragraph 7.1 of the said report, that, “though the conduct of Mr. Adu Boahen amounts to trading in influence or influence peddling, which is closely associated with corruption, there is no actual criminal prohibition of his acts in respect of which the OSP has a mandate to further act” is totally flawed and misconceived.

Having forensically verified the audio-visual recording adduced by Tiger Eye P.I as a true reflection of the events represented thereon, and having conclusively established that Charles Adu Boahen indeed, demanded a bribe of 20% of the value of the initial investment or an an upfront payment of 10% of the value of the proposed investment and a post-investment sharing of the proceeds of same from undercover agents of Tiger Eye P.I who were posing as businessmen interested in investing in Ghana, it is totally unacceptable for the OSP to have concluded that Charles Adu is not guilty of a crime.

For the avoidance of doubt, Charles Adu Boahen’s conduct as captured in the “Galamsey Economy” documentary of Tiger Eye P.I clearly amounts to the offense of Extortion as provided under section 247 of the Criminal and Other Offenses Act, 1960 (ACT 29), as amended, which provides as follows;

“Explanation as to Extortion.

A public officer commits extortion who, under colour of office, demands or obtains from a person, whether for public purposes or for personal gain, or for any other person money or valuable consideration which the public officer knows is not lawfully authorised or at a time at which the public officer knows is not lawfully authorized to demand or to obtain that money or valuable consideration.”

The report smacks of a coverup and has the potential to dampen public confidence in the Office of Special Prosecutor if not reviewed immediately.

The conduct of Charles Adu Boahen constitutes corruption of monumental proportions and must not go unpunished.

We wish to serve notice, that the next NDC government shall institute criminal investigations into this matter with the objective of prosecuting all those found culpable.

Until then, we urge the Ghanaian public to treat this report with the contempt it deserves and demand a total reversal of this disappointing decision of the OSP.

SIGNED.

SAMMY GYAMFI ESQ.

(National Communications Officer, NDC)

BAI/SEA

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