The Ghanaian government remains steadfast in its belief that an effective Office of the Special Prosecutor (OSP) is vital, despite the ongoing legal challenges questioning its constitutional authority. President John Dramani Mahama reiterated this position during the May Day celebrations in Koforidua, highlighting the government’s commitment to empowering the OSP with prosecutorial powers.
Since its establishment in 2017, the OSP has faced scrutiny, with critics arguing it has made limited impact, while supporters view it as essential in combating corruption. The current legal contention centers around the OSP’s authority to initiate prosecutions without the Attorney-General’s explicit consent, a matter now pending before the Supreme Court and the Court of Appeal.
The Attorney-General, Dr. Dominic Ayine, has supported a Supreme Court suit challenging the OSP’s prosecutorial powers, arguing that the 1992 Constitution grants these powers exclusively to the Attorney-General. This legal challenge questions the constitutionality of the OSP Act, 2017 (Act 959), suggesting it improperly mandates the delegation of prosecutorial authority.
Article 88 of the Constitution delineates the Attorney-General’s responsibilities, asserting the office’s exclusive right to initiate and conduct prosecutions. The current legal discourse seeks to clarify whether the OSP’s mandate to prosecute aligns with constitutional provisions.
As debates continue, the government’s stance is clear: there is room for a Special Prosecutor with autonomous prosecutorial powers, an assertion that underscores the ongoing struggle to balance legal frameworks with anti-corruption efforts in Ghana.
