Mr Richard Nii Armah, a private legal practitioner, has questioned the Attorney-General’s refusal to grant the Office of the Special Prosecutor (OSP) the necessary authorisation by fiat to prosecute cases.
Reacting to a recent High Court ruling that directed the Attorney-General’s Department to take over all ongoing cases currently being prosecuted by the OSP, Mr Armah stated that the presiding judge committed no error and should not be held responsible for the decision. In his view, if blame is to be assigned for this development, it rests squarely with the Attorney-General.
Speaking on Nyankonton Mu Nsem on Rainbow Radio 87.5FM, he asked: “If the law mandates the Attorney-General’s Department to issue the authorisation to the OSP, why has it not been done? The question we need to ask is whether the Attorney-General is against the efforts of the Special Prosecutor in the fight against corruption.”
He explained that the Constitution of Ghana is explicit in stating that the Attorney-General alone holds the power to prosecute cases in Ghana. However, he noted that in practice, when the law is breached, the Attorney-General’s Department is not the only body to bring offenders to court. Agencies such as the Police, Immigration Service, EOCO, and the GRA routinely prosecute offenders without seeking specific authorisation for every instance.
“So why does the Attorney-General want to punish the OSP? That is what we have to ask. The reason why the OSP was established was to deal with cases of corruption since the Attorney-General found it difficult to prosecute offenders who were affiliated with the ruling government,” he added.
Mr Armah further noted that while the NPP was drafting the law to establish the OSP, many raised concerns and predicted the current impasse. He argued that unless Article 88 is amended to strip away part of the Attorney-General’s powers, conflicts will persist, particularly when an incumbent Attorney-General lacks confidence in the OSP’s existence.
“But while the NPP was formulating the law to establish the OSP, we raised concerns and predicted what is happening today because if you don’t amend Article 88 and strip part of the Attorney-General’s powers, it will certainly create problems—especially when we have an Attorney-General who does not believe in the existence of the Special Prosecutor,” he remarked.
To address these systemic issues, he proposed that if the nation is serious about tackling corruption, the public must take advantage of President John Dramani Mahama’s commitment to constitutional review.
He urged citizens to mount pressure for the amendment of Article 88 to decouple the Office of the Attorney-General from the Ministry of Justice. Under this proposal, the role of Attorney-General would be held by an independent prosecutor without political affiliations, while politicians would manage the Ministry of Justice.
He added that this approach would significantly reduce corruption and instill a sense of accountability among public office holders, as an independent Attorney-General would be empowered to prosecute offenders regardless of whether they are in power or in opposition.
He also warned that the current structure allows the Attorney-General’s Department to delay authorisations for prosecution, particularly when the accused are politicians with close ties to the government.
By: Rainbowradioonline.com/Ghana