- within Litigation and Mediation & Arbitration topic(s)
- with Finance and Tax Executives
ENS in Ghana convened a focused business breakfast to mark the launch of its Forensics practice and to explore what resilient organisations are doing to detect, prevent and respond to fraud. Moderated by David A. Asiedu (Executive and Head: Commercial Dispute Resolution, Ghana), the discussion brought together Joseph K. Konadu (Executive: Commercial Dispute Resolution, Ghana), Tendai Jangara and Tsepo Moleko (Executives: Forensics, South Africa), Soaad Braimah (Legal Officer, Financial Intelligence Centre) and Julius Ayivor (Partner, Advisory Services, KPMG).
Why now: from reactive disputes to proactive fraud risk management
Ghana's business landscape has rapidly digitised through mobile money, fintech platforms, cross‑border transfers and e‑procurement, raising both opportunity and exposure. As commercial sophistication grows, so do fraud schemes in complexity and speed. Organisations increasingly need fraud risk management strategies that activate investigative capability at the first point of suspicion, rather than only after losses have occurred. A dedicated forensics function bridges the gap between allegation and proof and between loss and recovery, transforming responses to fraud from reactive litigation into proactive impact mitigation.
Knowing how to approach fraud
When fraud is suspected, organisations must understand that their response in the critical early stages will determine whether wrongdoers are held accountable and whether losses can be recovered. The best approach is to engage professional forensic specialists who bring the expertise and independence to organisations and can lead legally-sound investigations, working with internal teams.
It was explained that forensic specialists are essential for several reasons. First, evidence preservation requires professional handling from the outset. Well-intended internal "clean-ups" often compromise email trails, financial records and device data, whereas forensic professionals ensure proper legally-sound preservation and chain-of-custody that protect admissibility in subsequent proceedings.
Second, asset tracing demands specialist capability. Stolen funds can move rapidly through mobile money platforms, intermediaries, relatives or offshore accounts, making recovery increasingly difficult. Structured tracing methodologies, combined with early engagement with banks and regulators and the swift securing of freezing orders materially improve the chances of recovery.
The legal usability of any technical findings also depends on how the underlying evidence is gathered. IT or audit outputs are not always collected to evidentiary standards, whereas professional forensic specialists working alongside legal counsel ensure that all evidence is preserved and documented in a manner that is court‑ready for litigation, regulatory processes and insurance claims.
Forensics response: critical first 48 hours
Most fraud cases unravel not because wrongdoing did not occur, but because the initial response compromised the evidence, making the first 48 hours critical. In this period, well-meaning internal teams may confront suspects too early, triggering flight or the destruction of evidence; conduct rushed dismissals that limit cooperation and visibility over the full scope of the scheme; or pursue quiet settlements before the matter has been fully scoped, closing off avenues for recovery.
Evidence can be inadvertently overwritten, devices wiped and email trails deleted before their significance is recognized. The collection methods used on Day 1 determine whether evidence will remain admissible on Day 100, and confidentiality lapses can alert accomplices before assets are frozen.
The importance of collaboration and a multidisciplinary team
Effective forensic investigations rely on multidisciplinary collaboration. Successful outcomes are rarely achieved by a single discipline acting in isolation. Instead, they require a coordinated team in which each specialist contributes distinct expertise. When any link in this chain fails, recovery prospects diminish even when the underlying fraud is evident.
Within a well-structured forensic response, each role plays a critical part. Forensic lawyers act as strategic architects, guiding evidence preservation and litigation strategy. Forensic investigators trace transactions and reconstruct the factual narrative, while digital investigators recover electronic evidence from devices and systems. Litigation lawyers convert investigative findings into enforceable claims and employment practitioners manage internal disciplinary processes where staff are implicated.
External stakeholders are equally vital with regulators exercising statutory powers to compel disclosure, and banks executing asset freezes and facilitating repatriation of funds
Ultimately, the effectiveness of a forensic investigation depends on technical facts, financial analysis and legal authority moving in Lockstep. Evidence must be gathered with litigation in mind and enforcement actions must be timed strategically to maximise recovery
A realistic reassurance to leaders
Fraud in Ghana is increasingly coordinated, not merely opportunistic. The reassurance is that most schemes still leave a trail, if organisations respond early, preserve evidence and act through a structured, multidisciplinary lens. Preparedness should be treated like fire safety: the speed and organisation of your response can be the difference between contained loss and lasting damage.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
