Weak legal frameworks hamper Ghana’s fight against Cybercrime – Sammy Darko

Sammy Darko, the Director of Strategy, Research, and Communication at the Office of the Special Prosecutor (OSP), has stressed the need for Ghana to strengthen its legal tools to effectively deal with the rising tide of cyber-related crimes across West Africa.

Speaking on the Citi Breakfast Show with Caleb Kudah on Thursday, August 21, 2025, Mr. Darko noted that while cybercrime investigations are ongoing globally—with some suspects in Ghana and Nigeria already under FBI scrutiny—Ghana lacks strong mechanisms to seize illicit wealth derived from such crimes.

He explained that although the Constitution permits lifestyle audits and the reverse burden of proof, enforcement has been weak.

“If you take the OSP, because we only deal with corruption and corruption-related offences, at the end of the day, when we have gone through it, we must point out that we might have proceeded out of corruption to have bought a certain type of vehicle. But for the presumption that your unlawful income does not match what you have, anybody at all can be picked. Because we never know when you crossed and worked with a public official or a politician,” he said.

Mr. Darko emphasised the importance of Non-Conviction Based Forfeiture, a legal tool used worldwide to recover the proceeds of crime without necessarily securing a criminal conviction.

“This allows us to be able to seize the proceeds of crime without necessarily having to go through a criminal trial. It also allows for the reverse burden. This means that all the prosecutor needs to do is to prove that we have cross-checked everything of yours and found that you have neither won a lottery, nor paid taxes on any gift, nor received it from any legitimate source. After that, the onus shifts to you to prove the lawful source of your wealth. This is what Ghana is lacking,” he explained.

Citing constitutional backing, he added: “Our Constitution allows for reverse burden under Article 1916.”

Mr. Darko maintained that adopting such measures would significantly enhance Ghana’s ability to deal with illicit wealth linked to cybercrime and other financial offences