Why OSP Cannot Prosecute In Majority Caucus Bribery Scandal

The Office of the Special Prosecutor (OSP) has closed the case involving allegations of attempted bribery of some members of the Majority Caucus in Parliament by a “wealthy’ businessman in the country.

This is despite establishing the allegations are true and identifying the said businessman. It did not however, disclose the name of the businessman in its report.

According to the OSP, opening prosecution will be of no use due to the uncooperative attitude of the whistleblower, the Member of Parliament for Asante Akyem North Constituency, Hon Andy Kwame Appiah-Kubi and Member of Parliament for Suame constituency, Hon Kyei Mensah Bonsu.

“The Special Prosecutor directs the closure of the investigation in respect of allegations that a well-known and wealthy businessman attempted to bribe a section of the majority caucus of Parliament.”

Justifying it, the OSP said the prosecution would demand the input and testimony of Hon Appiah-Kubi who has demonstrated his disinterest in doing so.

“The circumstances of the case are such that the cooperation and testimony of the accuser of the well-known wealthy businessman are essential to a successful prosecution. That is to say, in the context of this case, the gathered intelligence of the OSP and its investigation of the activities of its identified suspect, Mr. XXXXXX XXXX XXXXXXX, are not sufficient to sustain criminal charges.”

“The institution of criminal proceedings would of necessity require the input and testimony of the accuser. This is because the meeting occurred between the accuser and his undisclosed colleagues and the suspect and whatever transpired therein is known only to the accuser and his undisclosed colleagues and the suspect. The events must be recounted by the attendees of the meeting if criminal charges are to be sustained. This is even more so as, naturally, it appears there is no record of the meeting.”

There is a chance of compelling Hon Appiah-Kubi into testifying in case of prosecution, the OSP said but ruled it out stating, “We are not unmindful that the OSP can compel the accuser to testify as a witness, by way of a subpoena, should criminal proceedings be instituted against the identified suspect.”

“However, there will not be much to confront the accuser with in aid of compelling or leading him to confirm the actual identity of the wealthy businessman and the amount of money offered by the latter – except his bare interview on Joy FM and the gathered intelligence of the OSP that the identified suspect attended Parliament House circa 1 October 2022 with no particular business except to meet with a section of the majority caucus. Without the cooperation of the accuser, that would not pass muster in respect of the requisite standard of establishing guilt, which is proof beyond reasonable doubt.”

Background
On November 3, 2022, OccupyGhana petitioned the OSP to investigate allegations of attempted bribery of the majority caucus of Parliament.

This was after the said businessman had offered some money to some NPP MPs to rescind their demand for the removal of the Finance Minister for mismanaging the economy.

In a subsequent interview, Hon Appiah-Kubi alleged that a well-known wealthy Ghanaian businessman visited Parliament House on October 1, 2022, and requested a meeting with a section of NPP Members of Parliament and then offered them huge sums of money in envelopes with the intention of influencing them to rescind their demand for the resignation or removal of Ofori-Atta.