Agyebeng Calls For Constitutional Backing For Non-Conviction-Based Asset Recovery
Special Prosecutor Kissi Agyebeng has called for non-conviction-based asset recovery to be incorporated into Ghana’s Constitution to strengthen efforts to combat corruption.
He said making a criminal conviction a requirement before institutions such as the Office of the Special Prosecutor (OSP) and the Economic and Organised Crime Office (EOCO) can recover unexplained wealth could weaken the fight against corruption.
Mr Agyebeng made the call at the second edition of the National Anti-Corruption Dialogue in Accra, where he argued that anti-corruption agencies should have the authority to recover assets linked to unexplained wealth even when no criminal conviction has been secured.
“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,” he said.
He stressed the need for the reform to be firmly backed by legislation, saying this would give anti-corruption institutions the legal basis to effectively pursue unexplained wealth.
“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 added.
The Special Prosecutor also proposed the introduction of a reverse onus clause, under which people whose wealth appears disproportionate to their legitimate income would be required to account for the source of their assets.
“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 said.
He explained that the proposed approach would place the responsibility on individuals to establish that their wealth and lifestyle were acquired through lawful sources of income.
