Ghana’s government spokesperson, Felix Kwakye Ofosu, has indicated that constitutional reforms may be necessary to ensure the long-term viability of the Office of the Special Prosecutor (OSP). The remarks come amid ongoing legal challenges that question the OSP’s operational authority.
Context of the OSP’s Establishment
The Office of the Special Prosecutor was established with the aim of combating corruption, a persistent challenge in Ghana. Its creation was intended to provide an independent body dedicated to investigating and prosecuting corruption-related offenses.
However, since its inception, the OSP has faced scrutiny regarding its powers and the legal framework within which it operates. These challenges often stem from interpretations of the Ghanaian Constitution, particularly concerning the roles of other state institutions like the Attorney General’s office.
Legal Battles and Constitutional Interpretation
Felix Kwakye Ofosu, who is also the Member of Parliament for Abura Asebu-Kwamankese, addressed claims that the current administration sought to undermine the OSP. He firmly rejected these assertions on the program PM Express.
Ofosu highlighted historical instances where President John Mahama reportedly intervened to protect the OSP. He recalled an event where the Majority Leader and Chief Whip in Parliament attempted to table a bill to scrap the office. According to Ofosu, the President persuaded them to allow the Special Prosecutor a chance to function.
The government spokesperson emphasized that the current legal disputes are not a result of political interference but rather hinge on constitutional interpretation. He cited a specific corruption case where a defendant challenged the Special Prosecutor’s authority to prosecute without the Attorney General’s explicit approval, citing Article 88 of the Constitution.
The court reportedly sided with the defendant, underscoring the judiciary’s role in determining the legality of the OSP’s actions. “What he does must accord with the law,” Ofosu stated, reinforcing the principle that all state institutions must operate within legal boundaries.
Supreme Court’s Role and Attorney General’s Duty
A separate Supreme Court case is also examining the OSP’s operational powers. Ofosu explained that the Attorney General is fulfilling a constitutional obligation by presenting their interpretation of the law in these matters.
He asserted that the Attorney General is bound by their duty to uphold the law and present its proper interpretation to the courts. This stance, according to Ofosu, is a legal requirement rather than an act of opposition to the OSP.
Presidential Support Amidst Challenges
Despite these legal and constitutional hurdles, President Mahama continues to support the OSP. Ofosu relayed the President’s view that the office, being relatively new, might experience “teething problems” and “shortcomings.” However, the President advocates for giving the institution time to mature and develop.
Ofosu stressed that any ruling made by the Supreme Court would be binding on all parties involved, in line with Ghana’s constitutional order. “If the Supreme Court decides, the way that our constitutional and legal arrangements work, it becomes binding on all parties,” he explained.
Constitutional Review as a Path Forward
Looking ahead, Ofosu suggested that Ghana’s ongoing constitutional review process could provide a platform for significant reforms. These reforms might be crucial for solidifying the OSP’s future and clarifying its mandate.
He proposed that the review process could be used to address the constitutional ambiguities that have led to the current legal challenges. However, he cautioned against allowing the OSP to operate unlawfully if the Supreme Court determines it to be the case.
“But we cannot say that if it is believed by the Supreme Court… that the Special Prosecutor’s office is existing unlawfully or acting unlawfully, then we should still allow it to operate. That would fly in the face of the rule of law,” he concluded.
What to Watch Next
The upcoming decisions from the courts, particularly the Supreme Court, will be pivotal in defining the OSP’s operational scope and legal standing. Furthermore, the progress and outcomes of the constitutional review process will be closely watched to see if legislative or constitutional amendments are proposed and enacted to strengthen the OSP’s mandate and ensure its long-term effectiveness in combating corruption in Ghana.
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