Former Speaker of Parliament, Professor Aaron Mike Oquaye, has called for the dissolution of the Office of the Special Prosecutor (OSP), describing its operations as a threat to the rule of law and Ghana’s democratic stability.
The OSP is mandated to investigate and prosecute corruption and related offences, recover and manage the proceeds of such crimes, and prevent corruption. Its remit covers both public and private sector cases, and the office exercises police and intelligence-gathering powers to promote transparency, accountability, and good governance.
However, speaking in a television interview with TV3 on Wednesday [Dec 3, 2025] Prof Oquaye, under whose tenure as Speaker of Parliament the OSP law was passed, argued that the office has failed to fulfil its mandate.
He cited the investigation of lawyer and activist Martin Kpebu as an example of actions inconsistent with Ghanaian law.
“How can an office accused of corruption investigate the person making the allegation? The Special Prosecutor cannot be the judge in his own case. This is inconsistent with the rule of law,” he said.
Prof Oquaye warned that the proliferation of investigative institutions with overlapping mandates undermines Ghana’s legal and democratic structures.
He urged Parliament to strengthen existing institutions, including the Attorney-General’s Department and the Office of the Director of Public Prosecutions (DPP), instead of creating additional investigative bodies.
The former Speaker also raised concerns about violations of fundamental freedoms, including the right to bail and freedom of speech, warning that legal inconsistencies could erode public confidence in the justice system.
He criticised what he described as arbitrary bail conditions imposed by the OSP, including requirements that suspects own landed property.
“Does that mean people without landed property can never get bail? These are matters of principle, law, and human rights. If this arbitrariness continues, it will be a fundamental violation of the rule of law,” Prof Oquaye said.
On Mr Kpebu’s arrest, the former Speaker questioned the legitimacy of the OSP’s actions, arguing that allegations of corruption against the office should have been referred to another agency or addressed through civil action.
“It is most unfortunate, even more so because we need stability, peace, and decorum to focus on national development. The Special Prosecutor did not have any business inviting Kpebu under these circumstances,” he said.
Mr Kpebu, who was detained on December 3 for allegedly obstructing an officer of the OSP, was released after nearly five hours in custody.
“No legal basis for the arrest”
Prof Oquaye insisted that the Special Prosecutor, Kissi Agyebeng, had no lawful grounds to invite, arrest, or detain Mr Kpebu.
“If Mr Kpebu says you are corrupt, you can sue him or refer him to the appropriate agency. Your business is to investigate corruption. Is he being charged with corruption?” he asked.
“There is no legitimate reason whatsoever for the treatment he received.”
He argued that disagreements over public comments do not justify arrests in a constitutional democracy.
“To arrest a citizen over speech is to suppress his freedom of expression. It is completely unacceptable,” he said.
