As Ghana strengthens efforts to combat organised financial crime such as romance scams, money laundering, and cross-border fraud, a growing concern is emerging from within the legal and investigative community: the use of litigation itself as a weapon against those seeking accountability.
According to Amanda Clinton, an international lawyer trained in both the United Kingdom and Ghana, the challenge facing anti-corruption and financial crime enforcement is often not a lack of evidence or institutional capacity, but rather the obstacles created when powerful interests seek to suppress scrutiny.
“The challenge in Ghana is often not capacity but execution. Ordinarily, EOCO and the Financial Intelligence Centre can handle these cases, but political exposure can complicate enforcement,” she explained in an interview with Citi News on Tuesday June 2.
Amanda Clinton, whose legal background includes white-collar crime defence work and experience shadowing King’s Counsel in the United Kingdom, said modern financial crime has become increasingly sophisticated and professionalised.
“People making five or ten million dollars and operating as part of syndicates do not treat it as something casual or occasional. It is organised. It is very professional in terms of money laundering and structured criminal activity.”
She noted that technological advances, particularly artificial intelligence, have transformed the landscape of fraud.
“Increasingly, artificial intelligence is used to simulate appearances, voices and personas that appeal to victims looking for romantic relationships.”
Yet while organised fraud continues to evolve, Clinton believes an equally important conversation must occur about the legal environment surrounding investigations into such crimes.
When Litigation Becomes a Weapon
One issue Clinton highlighted is the rise of Strategic Lawsuits Against Public Participation (SLAPPs).
SLAPP suits are not necessarily brought to win on legal merits. Instead, they are often used to burden journalists, lawyers, civil society organisations, investigators and whistle-blowers with expensive and time-consuming litigation.
“SLAPP cases are used to intimidate journalists, lawyers, NGOs and institutions like EOCO through costly litigation,” Clinton said.
The impact can be significant. Even when a case lacks merit, defendants may face years of legal proceedings, substantial costs, reputational damage, and the diversion of resources away from their work.
According to Clinton, this can create a chilling effect on investigations into corruption, organised crime and matters of public interest.
“Journalists, NGOs and investigators may be dragged into long legal battles even when pursuing legitimate public-interest work.”
International Trends
She pointed to developments in other jurisdictions where lawmakers have sought to address the problem through dedicated anti-SLAPP legislation.
“In jurisdictions such as the UK, US and Canada, anti-SLAPP laws allow courts to quickly dismiss such cases if they are intended to suppress public-interest reporting or investigation.”
Such laws typically provide expedited procedures allowing judges to assess at an early stage whether litigation has been filed primarily to silence criticism or prevent public scrutiny.
In some jurisdictions, successful defendants may also recover legal costs from claimants who bring abusive proceedings.
The objective is to ensure that the courts remain available for legitimate claims while preventing the legal system from being used as a tool of intimidation.
A Gap in Ghana’s Legal Framework
Clinton argued that Ghana currently lacks comparable protections. She believes this legislative gap has implications beyond media freedom. Where financial crime investigations involve politically exposed persons or individuals with significant influence, the threat of prolonged litigation may discourage reporting, investigation or enforcement. She stressed that the issue is not unique to any political party.
“Ghana currently lacks strong SLAPP protections, which means journalists, NGOs and investigators may be dragged into long legal battles even when pursuing legitimate public-interest work.
“At the higher level of money laundering or organised fraud, individuals may be politically exposed. They may have connections with government or may have contributed significant funds to political campaigns. This is not limited to any one political party. It can occur under any government.”
Protecting Those Who Investigate Crime
Clinton sees anti-SLAPP reform as part of a broader effort to strengthen accountability mechanisms and support institutions tasked with tackling organised crime.
She noted that Ghana already possesses robust institutions, including the Economic and Organised Crime Office (EOCO), the Financial Intelligence Centre and specialised units within the Criminal Investigations Department.
“The system in Ghana is robust in terms of addressing such crimes. The main institution is the Economic and Organised Crime Office, which deals with money laundering, syndicates, cross-border financial crimes and other economic offences.”
However, she argued that effective enforcement requires protecting those involved in exposing wrongdoing.
“The aim is to build cross-party support for legislation that protects individuals and institutions investigating crime.”
A Policy Proposal in Development
Clinton revealed that she is currently preparing a policy paper advocating legislative reform.The proposal seeks bipartisan support for legal protections that would safeguard journalists, lawyers, civil society organisations, investigators and public institutions carrying out work in the public interest.
“I am currently drafting a policy paper on this issue, which I intend to share with organisations such as IMANI and media houses, as well as legislators from both major political parties.”
For Clinton, the issue ultimately goes beyond free speech alone. It concerns the ability of democratic institutions to function without fear of legal intimidation.
“Stronger enforcement, better legal protections and improved coordination remain key to addressing these crimes effectively.”
As financial crime becomes increasingly transnational and technologically advanced, the debate over anti-SLAPP legislation may become an important part of Ghana’s wider conversation about accountability, transparency and the rule of law.
