Accra: Special Prosecutor Kissi Agyebeng has advocated for the inclusion of non-conviction-based asset recovery in Ghana's Constitution as part of measures to enhance the effectiveness of the fight against corruption. He argues that the current legal framework, which mandates anti-corruption agencies to secure criminal convictions before reclaiming assets, hinders the state's ability to recover wealth suspected of being obtained through illicit means.
According to Ghana Web, while speaking at the second edition of the National Anti-Corruption Dialogue in Accra, Agyebeng emphasized the need for institutions like the Office of the Special Prosecutor (OSP) and the Economic and Organised Crime Office (EOCO) to have stronger legal authority to pursue cases of unexplained wealth. He stated, "I also call for non-conviction-based asset recovery to be entrenched in the Constitution. I believe that without it, the fight against corruption could suffer a major setback."
Agyebeng proposed that the reform should be clearly established in law, allowing anti-corruption entities to act decisively. He pointed out that requiring organizations such as EOCO and OSP to obtain convictions before addressing unexplained wealth is counterproductive. "To require institutions like EOCO and OSP to secure convictions before we are able to go after unexplained wealth is rather putting the cart before the horse," he remarked.
Additionally, Agyebeng suggested the introduction of a reverse onus provision. This would compel individuals whose wealth appears disproportionate to their lawful income to account for the origins of their assets. He argued that if a person cannot satisfactorily explain their wealth, the law should presume corruption, necessitating the individual to provide evidence to the contrary. "The presumption of corruption should be instituted, where it is very clear that a person is unable to explain their wealth as much to their lawful sources of income," he stated.
Agyebeng clarified that under this proposed system, the responsibility would shift to the individual to demonstrate the legitimacy of their wealth, assets, and lifestyle. He believes that these reforms would empower Ghana's anti-corruption institutions to effectively address issues of unexplained wealth and recover assets without the need for a criminal conviction.