Supreme Court Affirms OSP Powers, Analysts Call for Full Prosecutorial Independence
OSP Should Be Given Full Independence Despite Supreme Court Ruling – Analysts
Takoradi, Ghana – Two governance analysts have called for greater constitutional independence for the Office of the Special Prosecutor (OSP), arguing that Ghana's anti-corruption fight would be strengthened if the Special Prosecutor had full authority to prosecute cases without interference from the Attorney-General.
The call was made by Alexander Kingsfred Dadzi, President of the Ghana Timber Trade and Industry Association, and Afreh Kofi Boakye, Chief Executive Officer of Yaalex Microfinance, during the Kyzz Morning Show hosted by Kwame Baah on Thursday, July 30. The panelists also welcomed the Supreme Court's decision affirming the voting rights of members in good standing during internal political party elections.
OSP Needs Greater Autonomy
Reacting to the Supreme Court's ruling on the relationship between the Office of the Special Prosecutor and the Attorney-General, Mr. Dadzi said the Constitution currently allows the Attorney-General to discontinue criminal prosecutions initiated by the OSP. However, he believes the anti-corruption agency should be granted complete operational and prosecutorial independence.
According to him, while cooperation between the Attorney-General's Department and the OSP remains essential in the fight against corruption, the Special Prosecutor would be more effective if it could pursue cases without the possibility of another office halting its prosecutions.
He stressed that combating corruption requires strong institutions, integrity, collaboration among state agencies and an unwavering commitment to protecting Ghana's national interest.
Mahama Has Opportunity to Strengthen Anti-Corruption Fight
Mr. Afreh Kofi Boakye also underscored the need for decisive leadership in tackling corruption. He expressed confidence that President John Dramani Mahama, serving a single term, has a unique opportunity to focus on national development without the pressures of seeking re-election.
He urged the government to remain committed to its reset agenda while ensuring that the rule of law remains the foundation of governance.
Mr. Boakye further welcomed the Supreme Court's affirmation that the OSP has the constitutional authority to investigate and prosecute corruption-related offences. However, he argued that allowing the Attorney-General to discontinue OSP prosecutions leaves room for possible institutional conflict.
"The Attorney-General is a political appointee and may, in certain circumstances, face political or personal interests that could conflict with the independent work of the Office of the Special Prosecutor," he explained.
He therefore called for constitutional reforms that would grant the Special Prosecutor greater autonomy in prosecuting corruption cases, thereby reinforcing public confidence in Ghana's anti-corruption institutions.
Supreme Court Ruling Strengthens Internal Party Democracy
The two analysts also welcomed the Supreme Court's decision allowing all members in good standing of political parties to participate in internal party elections.
Mr. Dadzi described the ruling as a major step toward strengthening internal democracy, saying it would encourage broader participation and enhance democratic accountability within political parties. He noted, however, that certain aspects of the judgment may still require further judicial interpretation to clarify its practical application.
Mr. Boakye shared a similar view, stating that every party member who faithfully pays dues and fulfils the responsibilities of membership should have the opportunity to vote and contribute to the party's internal decision-making processes.
According to him, expanding participation in internal elections promotes fairness, inclusiveness and democratic accountability.
Strengthening Ghana's Democratic Institutions
The discussion concluded with a consensus that Ghana's democratic development depends on strengthening both its anti-corruption institutions and its internal political party structures.
The analysts maintained that granting the Office of the Special Prosecutor greater prosecutorial independence, while expanding democratic participation within political parties, would help promote transparency, accountability and good governance across the country.