The recent move by the Majority Leader in Parliament, Mahama Ayariga, to introduce a Private Member’s Bill aimed at scrapping the Office of the Special Prosecutor (OSP) has been heavily criticised by the Centre for Democratic Development-Ghana (CDD-Ghana).
Dr. Kojo Pumpuni Asante, Director of Programmes and Policy Engagement at CDD-Ghana, described the Majority Leader’s action as procedurally “odd”, especially since it involves a major government policy position without consulting the Executive branch.
Dr. Asante’s comments, made on Joy FM’s Top Story on Thursday, December 12, follow President John Mahama’s request for the Majority Leader to halt the bill’s advancement.
Dr. Asante agreed with the President’s opposition to scrapping the OSP, noting that the office was established in 2017 as a “stopgap measure” to ensure political independence in the fight against corruption involving politically exposed persons (PEPs).
The CDD-Ghana Director voiced strong disapproval of the Majority Leader’s apparent solo decision to initiate the repeal process, calling it a lapse in policy coordination.
“I think it was very odd for the Majority Leader to take that position without having discussed it in cabinet, because this is basically policy-making. This is legislative making, and the leader of government has to be consulting with the executive on these matters before anything is supposed to be [sent to] Parliament.”
While acknowledging his support for Parliamentary independence, Dr. Asante suggested that this critical matter of legislative policy should have been handled discreetly: “I would have preferred that, you know, he (President Mahama) would have called the Majority Leader behind closed doors…”
Dr. Asante dismissed the notion of abolishing the OSP, arguing that the calls are largely confined to politicians and suggest a fear of the anti-graft institution among the political class.
The OSP was strategically created to overcome the manifest weakness of existing institutions like the Attorney-General’s (AG) office, which is often hampered by the AG’s political affiliation and role as a Cabinet member.
“Again, for me, I think everybody who’s talking about scrapping the office is a politician and that, I think, is something that has to be recognised, and then something that politicians fear about this office.”
He insisted that scrapping the OSP is a disproportionate response, even if valid administrative issues exist.
The Path to Strengthening the Anti-Graft Architecture
CDD-Ghana recommends that political energy be channelled into reforming and strengthening the OSP rather than dismantling it.
The establishment of the OSP, with its unique mandate to investigate and prosecute corruption without direct AG control, represented a significant step forward in Ghana’s anti-corruption architecture.
The focus, Dr. Asante noted, should be on fixing operational issues:
– Accountability: Addressing governance issues concerning the supervisory board.
– Communication: Enhancing the OSP’s communication strategy.
– Constitutional Review: Utilising the upcoming constitutional review process to truly “ground our depression architecture” and make the OSP’s independence stronger and more permanent.
“So I think the focus is really about strengthening the office… I think for me, there are many opportunities to try to even make this idea of having an independent public prosecutor that doses corruption stronger, so that we can deal with the challenges of political corruption.”
The OSP, since its establishment, has had significant resources allocated to it—reportedly over GH¢1.1 billion since 2018—highlighting the gravity of the institution and the need for its continued effectiveness against grand corruption.
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