The Manhyia South MP says the Special Prosecutor must rethink his strategy if his case against Ken Ofori-Atta depends on the former Finance Minister incriminating himself.
Nana Agyei Baffour Awuah insists that under Ghana’s Constitution, no suspect is required to cooperate in a way that aids their own prosecution.
Speaking on Joy News’ PM Express on Tuesday, June 3, the MP said the Special Prosecutor’s Office appears to be overstretching its power and misreading the law.
“When you look at Act 30, they don’t need his arrest before proceeding against him. They don’t need his presence before arresting him,” he stated.
He argued that the OSP should build a case independent of Ofori-Atta’s input.
“If the presence of Ken Ofori-Atta is necessary for determining a prima facie case in the whole investigation, then clearly the case of the OSP against Ken Ofori-Atta is weak,” he said.
“Because it would then seem that without Ken Ofori-Atta making an input into the investigations, they cannot proceed.”
Baffour Awuah stressed that the right to silence is guaranteed by law.
“Don’t forget, under the Constitution of the Republic of Ghana, Ken has a right not to incriminate himself. So he has a right to remain silent,” he reminded viewers.
“So what if you arrest him for the purposes of an interview and he says he will not talk? Is it the case that then you cannot proceed because he decides to keep quiet?”
He warned that such an approach exposes a fundamental weakness.
“If your whole process can be stalled just because he exercises his constitutional right to silence, then something is wrong with the foundation of the investigation,” he said.
The MP described the OSP’s approach as rigid and counterproductive. He urged a shift in strategy. “The approach ought to vary,” he said. “Even if you want to arrest him, bait him.”
He used a proverb in Twi to drive home his point. “If a dishonest person wants to race with you, tell him to take the lead,” he said.
“It seems that Ken and his lawyers have been dictating the pace. You are an investigative body.”
According to Baffour Awuah, effective investigators sometimes play along and lie low.
“There are times when investigating bodies pretend to tag along, not show force or authority necessarily. They can pretend to tag along. Before you realise, they’ve hanged you in a gallows.”
For him, the real goal should be getting results, not headlines. “That is why I think the approach adopted by the OSP, for me, needs to be varied in the public interest,” he said. “We need results.”
The MP’s remarks come amid growing criticism of the Special Prosecutor’s handling of the Ofori-Atta matter, especially after declaring him wanted.
But for Baffour Awuah, no suspect should be forced to build their own case for the state.
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