Fresh controversy has gripped Ghana’s justice sector following the circulation of a document on social media alleging a potential conflict of interest
Fresh controversy has gripped Ghana’s justice sector following the circulation of a document on social media alleging a potential conflict of interest in the upcoming criminal proceedings involving Strategic Mobilisation Ghana Limited (SML).
The allegations centre on the Special Prosecutor, Kissi Agyebeng, his past legal relationship with investigative journalist Anas Aremeyaw Anas, and the reported assignment of the case to Criminal Court 3, allegedly presided over by Justice Bertha Aniagyei.
The case is expected in court today as the eight accused persons including Ken Ofori-Atta are lined up before the court.
However, The Daily Gist cannot authenticate the allegation of potential conflict of interest in the assignment of the case to the judge, as sources close to the suspects said they may raise an objection to the judge sitting on the case.
While the OSP has not yet responded to the claims, the development has ignited public debate about transparency, judicial independence, and potential ethical concerns as the State prepares to prosecute the high-profile SML matter.
The SML–OSP Confrontation
The Office of the Special Prosecutor opened a far-reaching investigation into SML earlier this year, accusing the company of irregularities in its revenue assurance contracts with the Ghana Revenue Authority (GRA).
The dispute escalated sharply in June 2025 when OSP officers raided SML’s offices in Osu and Tema, seized servers and surveillance systems, and later published a report alleging procurement breaches.
SML has since dragged the OSP to the High Court and CHRAJ, accusing investigators of bias, abuse of power, and unlawful destruction of critical equipment.
With billions of cedis in petroleum and minerals revenue at stake, the case has become one of the most closely watched legal battles in Ghana.
Court Assignment Raises Eyebrows
According to documents shared online, the SML criminal case has been assigned to Criminal Court 3 in Accra, which is presided over by Her Ladyship Justice Bertha Aniagyei.
The same leaked document indicates that the OSP intends to arraign the accused persons on Monday, November 24, 2025, information consistent with notices posted on the OSP’s official website and social media platforms.
Ordinarily, the assignment of a case to a High Court judge would attract little public attention. But in this instance, the revelation has triggered intense scrutiny.
Allegations of Personal Connection
Sources cited in the circulating document allege that Justice Bertha Aniagyei has a child with investigative journalist Anas Aremeyaw Anas, a long-time professional associate and reported client of Special Prosecutor Kissi Agyebeng.
The document further claims: that Kissi Agyebeng previously served as personal lawyer to Anas, that his law firm, Cromwell Gray LLP, co-founded with Anas, represented the journalist in multiple cases (evidence of which the document claims to attach as “Annexure 3”), and that Anas allegedly remains connected to the firm.
Although these claims have not been independently verified, their mere circulation has generated widespread public concern over potential conflict of interest—especially given the gravity of the charges expected in the SML case.
Public Reaction
The allegations have split public opinion. Many commentators insist that SML must face prosecution if wrongdoing is proven.
However, they argue that justice must not be compromised by any appearance of bias.
Judiciary Under Pressure
Judicial assignments in Ghana are the prerogative of the Chief Justice, not any prosecuting agency.
Observers are now calling for the Judiciary and the OSP to clarify the situation to prevent speculation from overshadowing the substantive issues in the SML prosecution.
The OSP was created to fight corruption free from political or personal interference. Now, the institution faces a significant credibility test.
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