Conviction should not be required to recover unexplained wealth – Agyebeng

Special Prosecutor Kissi Agyebeng has urged non-conviction-based asset recovery to be embedded in Ghana's Constitution, asserting that it would bolster the fight against corruption. According to Agyebeng, requiring authorities to secure convictions before recovering unexplained wealth hampers the effectiveness of anti-corruption measures.

During the National Anti-Corruption Dialogue in Accra, he emphasized that institutions such as the Office of the Special Prosecutor (OSP) and the Economic and Organized Crime Office (EOCO) should be authorized to seize assets linked to unexplained wealth, even in the absence of a criminal conviction. "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 stated. Agyebeng stressed the need for such a reform to be solidified in legislation to empower anti-corruption bodies in addressing unexplained wealth. He added, "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."

Furthermore, Agyebeng proposed the introduction of a reverse onus clause, which would require individuals with wealth disproportionate to their documented sources of income to explain their acquisition of 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 explained.

Under this framework, the burden of proof would shift to the individual to demonstrate that their wealth and lifestyle are derived from legitimate sources.