A member of Parliament for Manhyia North and lawyer, Nana Agyei Baffour Awuah, has questioned the strategic wisdom behind the Attorney-General’s legal action against the Office of the Special Prosecutor (OSP), warning that even a legal victory may not serve Ghana’s broader interests.
Speaking on Adom FM Dwaso Nsem, the lawmaker anchored his argument on a biblical principle, noting that while one may have the right to act, not every action is beneficial. According to him, the Attorney-General’s approach risks prioritising technical success over national good.
He argued that in legal decision-making, especially at the level of the Supreme Court of Ghana, the “client” should ultimately be the Republic of Ghana, not individual institutional interests.
“Anytime you are making a move as a lawyer, you must ask yourself the main goal you seek to achieve,” he stressed, urging consideration of the long-term implications for governance and accountability.
The case before the apex court is seeking a determination on whether the Office of the Special Prosecutor Act, 2017 aligns with Article 88 of the 1992 Constitution, which vests prosecutorial authority in the Attorney General.
In earlier filings, the Attorney General is reported to have argued that aspects of the OSP Act may be inconsistent with the Constitution, particularly Article 88, which assigns prosecutorial powers solely to the AG, subject to limited delegation.
Mr. Awuah’s concerns come amid renewed tensions between the Attorney-General and the OSP, an institution he noted has barely two years left in its current leadership cycle.
He referenced earlier political developments, including discussions by the Majority leadership about introducing a private member’s bill to abolish the OSP. This initiative was later halted following intervention by John Dramani Mahama.
In his view, the current legal challenge risks creating a perception that, having failed to abolish the office, there is now an attempt to weaken its powers through the courts. Such a move, he cautioned, could reinforce claims already made by the Special Prosecutor about political interference.
The Manhyia North MP further noted that despite Parliament having granted the OSP significant legal authority, the office has struggled to demonstrate major outcomes.
However, he warned that the Attorney-General’s action could inadvertently validate the Special Prosecutor’s defence that constraints, rather than capacity, have hindered performance.
“In the end,” he suggested, “this could become one of the reasons cited for the OSP’s inability to deliver.”
Meanwhile, the Supreme Court is yet to deliver its ruling on the matter.
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