OSP explains search at SML was to retrieve vital information for ongoing investigations

The Office of the Special Prosecutor (OSP) has clarified that the search conducted at the offices of Strategic Mobilisation Ghana Limited (SML) was aimed at retrieving relevant information to support ongoing investigations.

The search, carried out under a court-issued warrant, aimed to obtain relevant information to aid the OSP’s investigation into the operations of the assurance company in the downstream petroleum sector under its contract with the Ghana Revenue Authority (GRA).

Samuel Appiah Darko, Director of Strategy, Research, and Communication, told the Daily Graphic that during last Monday’s search, OSP investigators did not damage any property at the SML offices, aside from removing and securing items relevant to their investigation.

He explained that, as part of its standard operating procedure, OSP investigators compiled a list of all items seized during the search.

“This document is referred to as Form 3 and is titled ‘Inventory of Items Seized or Detained During Search by an Authorised Officer,’” he noted.

Mr. Darko added that a Principal Staff Officer signed the form on behalf of the OSP, while SML’s Director of IT, Samuel Jacob Prempeh, signed on behalf of the company, with his colleague, Rev. Michael Nyamitei, serving as a witness.

“Our investigators visited the SML offices to conduct a lawful search and take possession of specific information and items needed for our investigation,” he stated.

“We did not damage any property, and we completed the seizure notice, which was duly signed by our officers and SML representatives,” added the Director of Strategy, Research, and Communication.

Mr. Darko further clarified that staff at the SML offices were informed they were not under arrest and were simply expected to cooperate with the OSP investigators

The Daily Graphic has learned that the OSP had earlier requested certain documents from SML to support its investigation into the company’s operations, following a petition filed by investigative journalist Manasseh Azure Awuni.

However, SML’s lawyers responded by exercising their right to decline the request.

When asked, Mr. Darko confirmed this and explained that it prompted the OSP to seek a court warrant in order to obtain the necessary information from SML.

When asked about the basis of the investigation, Mr. Darko explained that it began after the OSP received a petition from investigative journalist Manasseh Azure Awuni. Subsequently, the then President commissioned accounting firm KPMG to conduct an audit, which led the OSP to temporarily pause its investigation into the matter.

With that phase completed, Mr. Darko stated that the OSP had resumed its investigations, emphasizing that the anti-corruption body was acting independently and was not influenced by any individuals, groups, or external forces in its decision to conduct the investigation or search the company’s offices for relevant information.

Background

On December 29, 2023, the President commissioned KPMG to conduct an inquiry to gain a clear understanding of the issues at stake and to provide informed advice for appropriate decision-making.

On May 22, 2024, President Nana Addo Dankwa Akufo-Addo released the full KPMG report on the transaction between the Ghana Revenue Authority (GRA) and Strategic Mobilisation Ghana Limited (SML) for public access.

A statement announcing the release noted that the President, “in the interest of full transparency in governance, and a commitment to openness and honesty with the public, has decided to waive the privilege under Section 5 of the RTI Act and directed the full publication of the KPMG report.”

On April 24, 2024, President Akufo-Addo received a request from the Media Foundation for West Africa (MFWA) under Section 18 of the Right to Information Act, 2019 (Act 989), seeking access to the KPMG report on the contracts and transactions between the Ghana Revenue Authority (GRA) and Strategic Mobilisation Ghana Limited (SML).

According to a statement from the Presidency, the President initially declined the request, citing the provisions of the RTI Act—specifically Section 5(1)(a) and (b)(i)-which classify the contents of the KPMG report as exempt from disclosure.

“However,” the statement added, “in the interest of full transparency in governance, and a commitment to openness and honesty with the public, the President has decided to waive the privilege under Section 5 of the RTI Act and has directed the full publication of the KPMG report.”