OSP has been rendered toothless by government - IEA Director of Research

The Institute of Economic Affairs (IEA) has expressed worry over the functioning of the Office of the Special Prosecutor (OSP).

According to Dr. John Kwakye, IEA’s Director of Research, the OSP, despite having two Special Prosecutors, appears to have been incapacitated by the appointing authority.

During an IEA press briefing on Wednesday, April 3, Dr. Kwakye, commented on President Nana Addo Dankwa Akufo-Addo’s recent State of the Nation Address (SONA). He noted that the president did not address the issue of corruption.

Dr. Kwakye expressed serious reservations about the requirement for the Special Prosecutor to obtain approval from the Attorney-General before initiating prosecutions. He argued that the OSP Act was inherently flawed.

He proposed that the OSP could effectively combat corruption if its Act is revised and enacted without the influence of the Executive.

He said, "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 (A-G), 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 A-G and appointed by the president, the SP needs the approval of the A-G 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,” he said.