OSP legal battle confirms Akuffo Addo was never ready to fight corruption -Abada
She argues that constitutional limitations on the Office of the Special Prosecutor undermine its independence in prosecuting corruption cases.
A member of the National Democratic Congress (NDC) Communications Team for the Navrongo Central Constituency, Mercy Abada, says the recent legal debate over the prosecutorial powers of the Office of the Special Prosecutor (OSP) demonstrates that former President Nana Addo Dankwa Akufo-Addo was not fully committed to fighting corruption.
Her comments follow an order by the High Court in Accra on Wednesday, April 15, which directed the Attorney-General to assume control of all ongoing prosecutions initiated by the OSP, pending formal authorisation.
Speaking on the Big Mike Breakfast Show on Wednesday, April 22, she indicated that at the time the OSP was established, several well-meaning Ghanaians had raised concerns about Article 88 of Ghana’s 1992 Constitution, which vests prosecutorial authority in the Attorney General.
“The OSP cannot operate independently without authorization from the Attorney General’s office. Many people raised concerns in Parliament when the OSP was being established, warning that without an amendment to Article 88 of the Constitution, the OSP Act would not be effective.” She said.
She added that ongoing debates reinforce concerns previously expressed by former Special Prosecutor Martin Amidu and others. “We are hearing that it is because of Article 88 that Martin Amidu and others argued that the Akufo-Addo government was not ready to fight corruption.” She stated.
Abada further argued that requiring the OSP to seek prosecutorial approval from the Attorney General undermines the very purpose of its establishment.
“The OSP was created because it was believed that the Attorney General, being a political appointeeV may lack the independence to prosecute cases involving members of the government,”
“That is why there was a need for a separate office. But if you create the office and fail to amend the constitutional provisions that limit its independence, then it defeats the purpose.” She added
She expressed the view that Parliament and leadership at the time failed Ghanaians by passing the OSP Act without amending the Constitution to guarantee the office’s independence from the executive.
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