The Institute of Economic Affairs (IEA) has voiced concerns regarding the effectiveness of the Office of the Special Prosecutor (OSP). Dr. John Kwakye, IEA’s Director of Research, highlighted that despite having two Special Prosecutors, the OSP seems to be hampered by its ties to the appointing authority.
Speaking during an IEA press briefing on Wednesday, April 3, Dr. Kwakye commented on President Akufo-Addo’s recent State of the Nation Address (SONA), noting the absence of any mention of corruption.
Dr. Kwakye raised significant objections to the requirement for the Special Prosecutor to seek approval from the Attorney-General before pursuing prosecutions.
He criticized what he saw as inherent flaws within the OSP Act and proposed that the OSP could better tackle corruption if its legislation was revised to ensure independence from the Executive.
“Corruption is such an important issue in Ghana that it is inconceivable that the President would gloss over it. This Government established the Office of the Special Prosecutor (OSP), ostensibly to act independently from the Attorney General (AG), who is inextricably linked to the Executive.”
“However, the OSP Act was flawed ab initio to the extent that the Special Prosecutor (SP) is nominated by the AG and appointed by the President, the SP needs the approval of the AG to initiate prosecutions and the OSP is funded by the Executive. It is no wonder that the OSP, which has been occupied by two SPs so far, has been rendered toothless.”
“If the OSP is to be successful in fighting corruption, it would be important to re-enact its Act and remove it completely from the influence of the Executive, in terms of appointment, prosecution of cases and funding.”
