A former Director of the Ghana School of Law, Kwaku Ansa-Asare, has described the Office of the Special Prosecutor (OSP) as unnecessary, insisting that prosecutorial powers are already vested in the Attorney-General.
Speaking on Asempa FM’s Ekosii Sen show, he argued that the Constitution clearly grants prosecutorial authority to the Attorney-General, making additional anti-corruption bodies redundant.
According to him, institutions such as the Office of the Special Prosecutor and the Economic and Organised Crime Office are not essential to Ghana’s governance framework, as the Attorney-General remains the constitutionally mandated authority to prosecute criminal cases.
His comments follow a recent High Court ruling in Accra which held that the OSP does not have independent prosecutorial powers and must refer cases to the Attorney-General’s Department.
Mr Ansa-Asare further stated that the creation of multiple anti-corruption institutions could be politically motivated and unnecessary.
He therefore called for a review of such institutions, suggesting that strengthening the Attorney-General’s office would be more effective in tackling corruption.
“The Office of the Special Prosecutor (OSP) was created by Parliament, and the Attorney-General serves as the constitutional authority. The Constitution is the supreme law, which grants Parliament its power. The Attorney-General holds prosecutorial power, not the Special Prosecutor. At times, politicians may seek to protect themselves from their corrupt activities. Many of the offices being created are related to corruption.
“Under the Constitution, the Attorney-General holds this responsibility, and we have established rules pertaining to natural justice; this should be common sense. Therefore, the OSP is not needed and should be abolished,” he added.
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