EOCO leading AKSA bribery probe because case may involve money laundering not under OSP – Srem-Sai

Deputy Attorney General Dr Justice Srem-Sai

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 case could involve offences beyond bribery and corruption.

Speaking in an interview with JoyNews, Dr Srem-Sai said the decision was based on the respective legal mandates of the two institutions and the nature of offences that could emerge from the investigation.

He stressed that the case could involve money laundering, which falls within EOCO’s mandate.

“It’s also not true that it is just about bribery and corruption. It’s also about money laundering,” he said.

“You know, so there are other offences involved in it that do not necessarily fall within the mandate of OSP but which fall within the mandate of EOCO.”

Dr Srem-Sai rejected suggestions that EOCO was selected to prevent scrutiny by the OSP, insisting that state investigative agencies have distinct mandates and can collaborate where necessary.

“It is not a question of 'I want to do it, I want to do it.' Yes, you want to do it, but who has the mandate to do what ought to be done?” he asked.

He said other security and investigative institutions could also become involved depending on the circumstances.

“It could be that they can collaborate. It could also be that BNI will take over the whole thing. It could also be that the police would have done their work,” he said.

No turf war

The Deputy Attorney General said the investigation should not be viewed as a contest between state institutions, arguing that the ultimate objective was to ensure that the appropriate agency investigates any offences identified.

“It is not a question of a turf war. Because the essence of all these agencies is to fight corruption and to make sure that crime does not survive in glory,” he said.

Asked whether EOCO was considered more effective than the OSP for the investigation, Dr Srem-Sai pointed to the agency’s track record and institutional experience.

“I think the record will show – EOCO's work over the years,” he said.

He argued that EOCO’s longer history as an institution had given it considerable experience in dealing with economic and organised crime.

“It’s an institution which — the older the institution, the more efficient and more likely it is to be,” he added.

His comments follow criticism of the OSP’s handling of the AKSA matter, with private legal practitioner Martin Kpebu questioning the office’s ability to conduct an impartial investigation.

Mr Kpebu has also alleged that the case was suppressed during the tenure of former Special Prosecutor Kissi Agyebeng.

Srem-Sai defends investigative process

Dr Srem-Sai also rejected calls for the investigation to be transferred to an independent institution to boost public confidence.

He argued that an institution’s formal independence does not, on its own, determine whether an investigation will be effective or immune from interference.

“I understand these concerns,” he said.

“But you see the work we do here — there’s only one person on top of you as far as this ministry is concerned. Even that person, my boss, cannot just sit down and ignore everything that is happening and just take a decision.”

He explained that decisions within the Attorney General’s Department are guided by established legal procedures and that senior officials cannot simply disregard the advice of state attorneys without providing reasons.

“So before I take a decision that I disagree with this state attorney’s view, I must put on paper my basis for that disagreement,” he said.

According to him, any departure from a legal recommendation must be supported by clear legal reasoning and relevant authorities rather than political considerations.

“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 within the justice system makes it difficult for individuals to permanently suppress cases, as decisions taken by one administration can subsequently be reviewed.

“When we leave, you cannot save anybody because a new sheriff will come and review the files,” he said.

He maintained that attention should therefore be placed on the capacity and effectiveness of investigative agencies rather than simply whether an institution is described as independent.

“Merely calling an institution independent doesn’t make it as independent as you think,” he said.

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, over a bribery scheme linked to a power plant project in Ghana.