Kissi Agyebeng calls for constitutional protection for non-conviction based asset recovery

Special Prosecutor Kissi Agyebeng has called for non-conviction-based asset recovery to be entrenched in Ghana’s Constitution as part of efforts to strengthen the fight against corruption.

Speaking at the second edition of the National Anti-Corruption Dialogue in Accra, Mr Agyebeng said requiring institutions such as the Economic and Organised Crime Office (EOCO) and the Office of the Special Prosecutor (OSP) to secure convictions before recovering unexplained wealth could undermine the fight against corruption.

“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 argued that waiting for a criminal conviction before taking action against unexplained wealth places the process in the wrong order.

“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.

Mr Agyebeng also proposed a reverse onus clause that would require people whose wealth is clearly disproportionate to their lawful income to explain how they acquired 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.

-Mynewsgh