OSP begins Investigation into Ghanaian Dimension of Berko Case

The Office of the Special Prosecutor (OSP), led by Special Prosecutor Kissi Agyebeng, says its involvement in the Asante Kwaku Berko case did not end with assistance provided to authorities in the United States, as it continues to investigate the Ghanaian dimension of the matter.

Speaking at a press conference on Wednesday, August 26, Special Prosecutor Kissi Agyebeng said the OSP has been “actively and carefully investigating” the Ghanaian dimension of the case.

The Office stressed that the investigation must be conducted carefully, particularly because a conviction in a foreign jurisdiction does not, on its own, establish criminal liability under Ghanaian law.

According to the OSP, each person's conduct must be independently assessed under Ghanaian law and supported by lawfully obtained evidence capable of sustaining a prosecution in Ghana.

“Each person's act must be assessed under Ghanaian law using lawfully obtained evidence capable of supporting a prosecution here,” the OSP said.

It explained that the nature of the evidence and the applicable law would determine whether prosecution should be commenced in Ghana or whether another course of action would be appropriate.

The OSP said its assessment of the Ghanaian dimension is therefore separate from the outcome of Berko’s case in the United States. It noted that the circumstances of the case are such that Berko’s actions may not necessarily establish culpability on the part of other persons under Ghanaian law.

The Office also made clear that it will not prosecute a person solely because the person’s name appears in proceedings conducted in another country. However, it said it will not hesitate to prosecute where the evidence establishes a proper basis for doing so.

The OSP’s statement underlines its continuing role in examining the Ghanaian dimension of the AKSA case, with any decision on prosecution to be based on the evidence gathered and the requirements of Ghanaian law.

By Kukua Snead-Michaels