Energy analyst and New Patriotic Party (NPP) member Kwadwo Poku Nsafoah has accused the Office of the Special Prosecutor (OSP) of operating as though it were “a power unto itself,” raising questions about the institution’s approach to prosecutions and its relationship with the Attorney General.
Speaking on Adom FM’s Dwaso Nsem, Mr Poku Nsafoah acknowledged that establishing the OSP under former President Nana Addo Dankwa Akufo-Addo was a positive move but argued that the institution’s legal mandate and prosecutorial powers remain problematic.
He said the Constitution is supreme and believes the better approach would have been to reform the constitutional framework to clearly define and allocate prosecutorial powers to the OSP.
Mr Poku Nsafoah said the OSP should also be willing to cooperate with the Attorney General instead of presenting itself as an institution that is being prevented from performing its duties.
“After all, what is stopping the OSP from cooperating and discussing with the Attorney General? And that is where my problem is,” he said.
He accused the OSP of projecting an image of being independent to the point of disregarding the need for collaboration with other institutions, particularly when its decisions are challenged in court.
“He feels he is a power unto himself, but you always go to court and lose,” he stated.
Mr Poku Nsafoah cited the OSP’s handling of the Cecilia Dapaah case as an example of what he described as the office’s difficulties in interpreting and applying its legal mandate.
He also questioned the decision by the OSP to investigate allegations of vote buying involving private individuals, arguing that such matters may fall outside its core mandate.
“Why should the OSP investigate someone for vote buying in election? Is he CID?” he asked.
According to him, the OSP should focus on corruption and related offences involving the state or public officials, unless Parliament specifically directs it to investigate another matter.
“OSP cannot investigate a private individual for corruption or related activities except it is against the state or a public official, except if there is a parliamentary order for him to investigate a case,” he said.
His comments have renewed debate over the scope of the OSP’s mandate, particularly the extent of its independence, its prosecutorial authority, and how it should coordinate with the Attorney General and other state investigative bodies.
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