- Mr Martin Amidu has made public the corruption and corruption-related offences his Office is allowed by law to investigate and prosecute
- According to the Special Prosecutor, Act, 2017 (Act 959) is the most restrictive he has ever come across
- According to him, section 79 of Act 959 severely restricts the jurisdiction of the Office of the Special Prosecutor to fight corruption and corruption-related offences in Ghana unlike in other countries
Special Prosecutor Martin Amidu has listed the types of corruption offences that his office can investigate.
In an article, Mr. Amidu listed 11 corruption and corruption-related offences apportioned to his Office for investigation and prosecution.
He lamented the inability of his office to probe certain cases, insisting the Special Prosecutor Act, 2017 (Act 959) is too restrictive.
He said section 79 of Act 959 severely restricts the jurisdiction of the Office of the Special Prosecutor to fight corruption and corruption-related offences.
In 2017, Mr. Amidu was announced as President Akufo-Addo’s choice for the newly created Office of the Special Prosecutor.
He was subsequently sworn in as Ghana’s first-ever Special Prosecutor in January 2018.
The Special Prosecutor is also mandated to trace and recover the proceeds of corruption.
Below are the 11 types of corruption offences that the Office of the Special Prosecutor can investigate:
(a) Section 146 deals with dishonestly receiving property that a person knows to have been obtained or appropriated by a punishable criminal offence
(b) Section 151 deals with persons who extorts property from any other person by means of threat as committing a second degree felony
(c) Section 179C deals with using public office for private gain as a criminal offence
(d) Section 239 deals with corruption of and by public officers as a misdemeanor
(e) Section 252 deals with accepting or giving bribe to influence public officer or juror as a misdemeanor
(f) Section 253 deals with corrupt promise by judicial officer or juror as a misemeanour
(g) Section 254 deals with corrupt selection of juror as a misdemeanor
(h) Section 256 deals with corruption, intimidation, and personation in respect of election as a misdemeanor
(i) Section 258 deals with falsification of returns at election as a second degree felony, and
(j) Section 260 deals with withholding public money by public officer as a misdemeanour
(k) Section 92(2) of the Public Procurement Act, 2003 (Act 663) deals with offences constituted under the Act for which jurisdiction is given to the Office.
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