‘Private individuals can be prosecuted for causing financial loss’ – Srem-Sai

The Deputy Attorney-General and Minister of Justice, Dr Justice Srem-Sai, has dismissed the view that only public officials can be prosecuted for actions taken while in office.

According to him in an X Post on October 13, 2026, private individuals who cause financial loss to the state can also be prosecuted and held accountable for their actions.

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Dr Srem-Sai cited provisions in the Criminal Offences Act to explain that both public and private individuals can be held liable for offences that result in financial loss to the state.

Section 179A(2) of the Criminal Offences Act, which deals with causing loss, damage or injury to property, states that anyone who intentionally causes economic or other loss to a public body or an agency of the Republic in the course of a business transaction commits a criminal offence.

“A person who in the course of a transaction or business with a public body or an agency of the Republic intentionally causes damage or loss, whether economic or otherwise, to that body or agency commits a criminal offence,” he shared.

Dr Srem-Sai also cited Section 179C(b) of the Act, which deals with private individuals who work with public officials to abuse their positions for personal gain.

“A person commits a criminal offence who, not being a holder of a public office, acts or is found to have acted in collaboration with a person holding a public office for the latter to corruptly or dishonestly abuse the public office for private profit or benefit,” he added.

He argued that the two provisions make it clear that private individuals can also face prosecution when their actions contribute to the loss of public funds or involve the dishonest use of public office for private benefit.

Several individuals are facing charges over their actions while in office as part of the government’s Operation Recover All Loot (ORAL) initiative.

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They include former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene, former Ghana Infrastructure Investment Fund (GIIF) board chair Professor Christopher Ameyaw-Akumfi, and former GIIF Chief Executive Officer Solomon Asamoah, in connection with the Skytrain project.

Apparently, there is a notion that only public officials could be prosecuted for causing a loss of public money; and that private persons could not be prosecuted for such losses. These two offences in the Criminal Act alone refute that notion:

Section 179A(2) - Causing Loss, Damage or Injury to Property 👇🏾

“A person who in the course of a transaction or business with a public body or an agency of the Republic intentionally causes damage or loss whether economic or otherwise to that body or agency commits a criminal offence.”

Section 179C(b)- Using Public Office for Profit 👇🏾

“A person commits a criminal offence who, not being a holder of a public office, acts or is found to have acted in collaboration with a person holding a public office for the latter to corruptly or dishonestly abuse the public office for private profit or benefit.”

— Justice Srem-Sai (@JusticeSremSai) October 13, 2026

MAG/VPO

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