The Office of the Special Prosecutor (OSP) has come under intense public scrutiny, with some notable personalities calling for it to be scrapped, while others insist it should be maintained to continue spearheading the fight against corruption.
Leading the crusade for the OSP to be scrapped is a former Speaker of Parliament, Professor Aaron Mike Oquaye.
According to him, “a special prosecutor may not be necessary at all in this Republic.”
In an exclusive interview with the Daily Graphic, he explained that the proliferation of institutions was not ideal, calling for the strengthening of the Office of the Director of Public Prosecutions under the Office of the Attorney-General to effectively deal with corruption cases.
Arrest of Kpebu
The calls for the OSP to be scrapped became more profound after a private legal practitioner, Martin Kpebu, was arrested and detained last Wednesday, December 3, by the OSP.
Mr Kpebu was on the premises of the OSP to assist in an inquiry relating to an allegation made by him that the Special Prosecutor (SP), Kissi Agyebeng, acted untoward in the investigations against the former Finance Minister.
He was supposedly arrested after an altercation with a security staff member on the premises of the OSP.
Scrap the office
Throwing more light on his stance, Prof. Oquaye said the OSP should be abolished through a private member’s bill, with the focus shifted to enhance the Office of the DPP.
“There was a DPP called Gyeke-Darko, and we all know how strong he was, and his prosecutorial experience and strength,” Prof. Oquaye, under whose tenure as Speaker of Parliament the OSP law was passed, said.
He bemoaned the proliferation of institutions to deal with the same things, leading to overlapping and limited results.
“If an institution is weak, strengthen it; you don't go and create another one,” he said, stating the role of investigative bodies such as the National Intelligence Bureau having overlapping roles with other investigative bodies.
The views espoused by the former Speaker of Parliament are supported by private legal practitioner Ace Ankomah. However, Mr Ankomah advocates that the OSP and the Office of the DPP should be merged into an Independent Prosecutions Authority.
Show of power
Speaking on the arrest of Mr Kpebu, Prof. Oquaye said he was convinced that the arrest, coupled with the harsh bail conditions imposed on the lawyer, was only a way for the SP to show Mr Kpebu his power.
“You cannot give a person bail and say that his bail must be satisfied by himself; it is illegal. So if he doesn't have property, they must rot in jail when did property becomes an essence of your human rights?” he asked.
The Office of the Special Prosecutor Act, 2017 (ACT 959) was assented to by former President Nana Addo Dankwa Akufo-Addo on January 2, 2018, establishing the OSP as a specialised agency to investigate specific cases of alleged or suspected corruption and corruption-related offences involving public officers and politically exposed persons in the performance of their functions.
Its work also covers persons in the private sector involved in the commission of alleged or suspected corruption and corruption-related offences and prosecuting these offences on the authority of the Attorney-General, and provides for related matters.
Its objectives in section 2 of Act 959 include investigating and prosecuting specific cases of alleged or suspected corruption and corruption-related offences; recovering the proceeds of corruption and corruption-related offences, and taking steps to prevent corruption.
Support
However, in recent times, there have been calls for the dissolution of the office.
For instance, on December 6, this year, the Speaker of Parliament, Alban Sumana Kingsford Bagbin, and Members of Parliament (MPs) unanimously agreed to recommend the abolition of the OSP.
They said that since its establishment eight years ago, Parliament had approved huge budgets for the OSP, yet it had failed to show any achievement in terms of fighting corruption.
They were of the strong conviction that if the Attorney-General’s Department was adequately resourced, it would be equipped to curb corruption and prosecute corrupt government and public officials.
They, therefore, proposed the need for a private members’ bill to be initiated or for the Executive to sponsor a bill for the House to work on for the possible scrapping of the OSP.
Don’t scrap
However, the Ghana Centre for Democratic Development has said that calls to abolish the OSP are misplaced and run contrary to what Ghanaians expect from public institutions.
The Director of Advocacy and Policy Engagement at CDD-Ghana, Dr Kojo Pumpuni Asante, said the OSP only began full operations in 2024 because of delays and logistical hurdles.
He said the office struggled in its early years because it lacked the space and resources needed for effective work.
The Convenor of the One Ghana Movement, Senyo Hosi, has also warned against the scrapping of the OSP, adding that the alleged ills of the SP should not be visited on the entire institution.
“We should be able to separate the effectiveness of the person who is there from the policy value of the office.
If you tell me you want to scrap the OSP today, what are you going to replace it with?” he asked.
