The Speaker of Parliament, Alban Sumana Kingsford Bagbin, along with Members of Parliament (MPs), have unanimously decided to recommend the abolition of the Office of the Special Prosecutor (OSP). The decision follows concerns about the lack of tangible results in the fight against corruption since the OSP was established eight years ago, despite Parliament approving significant budgets for the office.
Parliamentarians expressed the belief that if the Attorney-General’s Department were properly resourced, it would be better equipped to handle the prosecution of corrupt officials and curb corruption effectively.
The MPs are now calling for the introduction of a private members’ bill or for the Executive to sponsor a bill that would pave the way for the dissolution of the OSP.
Why the Agreement to Abolish the OSP?
The push to abolish the OSP was spurred by an incident involving the arrest and detention of private legal practitioner Martin Kpebu, which was brought to Parliament’s attention by Majority Leader Mahama Ayariga.
Mr. Ayariga explained that Kpebu had publicly criticized the way Special Prosecutor Kissi Agyebeng was carrying out his duties. After Kpebu attempted to address the media outside the OSP’s office, an altercation ensued with the security detail, leading to his detention. It took public outcry and social media intervention for the lawyer to be released.
“This incident raises fundamental concerns about the very existence of the office,” Mr. Ayariga said, pointing out that it had been a longstanding position of his that the OSP was unconstitutional and undermined the Attorney-General's authority over criminal prosecutions.
Opposition to the OSP from the Start
Ayariga reflected on his earlier opposition to the establishment of the OSP, citing constitutional concerns and the fear that it would dilute the powers of the Attorney-General. He further argued that Parliament’s struggle with the creation and operation of the OSP showed it had been a flawed initiative from the beginning.
Despite the office’s existence for over eight years, Ayariga stated that there was little to show in terms of achievement, particularly in fighting corruption. “Fighting corruption is not about creating more institutions. It is about the political will of the leadership to tackle it head-on,” he said.
He further criticized the continued funding of an office that had failed to deliver on its mandate and suggested that the Office of the Attorney-General, when sufficiently resourced and held accountable by Parliament, could better handle the fight against corruption.
“If we agree that a prosecutor fighting corruption needs resources, why have we not been fully resourcing the Attorney-General’s office?” Ayariga asked. “Why create another entity and resource it more than the Attorney-General when we still aren’t seeing results?”
Parliament’s Reflection on Its Past Decision
The Majority Leader also recalled the earlier warning from former Speaker of Parliament, Professor Mike Oquaye, who had recommended the OSP’s abolition through a private member’s bill.
Mr. Ayariga emphasized that abolishing the OSP would not absolve anyone guilty of corruption or financial misconduct, but argued that the government should focus on strengthening constitutional offices like the Attorney-General’s Department to tackle the issue more effectively.
A Call for a Cultural Shift
Kojo Oppong Nkrumah, the Minority MP for Ofoase/Ayirebi, expressed his support for the call for the Special Prosecutor to appear before Parliament to discuss these concerns. He stressed that the issue was not just about the OSP but about broader concerns regarding the culture within the country’s investigative and law enforcement bodies.
Speaker’s Support for Abolition
Speaker Alban Bagbin supported the call for the OSP’s abolition, noting that Parliament had initially created the office as a gesture to demonstrate a commitment to fighting corruption. However, he pointed out that the lack of results meant the continued allocation of large sums of money to the office could no longer be justified.
“We cannot continue to allocate huge sums to the same office when we’re not seeing results,” he said. Bagbin agreed with the Majority Leader’s stance and affirmed that it was time to reconsider the existence of the OSP.
Next Steps
The debate now centers around whether to proceed with a private member’s bill or for the Executive to take the lead in formally scrapping the OSP. However, all MPs appear aligned on the need for a new direction in the country’s fight against corruption.
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