Is the Office of the Special Prosecutor (OSP) Failing? That's the burning question sparking debate, with the Majority Leader, Mahama Ayariga, leading the charge for its abolition. He argues that after eight years, the OSP hasn't delivered on its core promise: combating corruption. This has ignited a controversy, and it's time to dive into the details.
During a recent parliamentary discussion, the Majority Leader's call to action was fueled by the arrest and detention of private legal practitioner Martin Kpebu by the OSP. Ayariga believes this incident highlights long-standing concerns about the OSP's relevance and constitutionality.
Mr. Kpebu's detention, following his invitation and an alleged altercation with security officers, was deemed unwarranted. It was only after significant public pressure, including social media outcry, that he was released. Ayariga pointed out that "It took the intervention of most Ghanaians on social media and people calling the Special Prosecutor, demanding that he should release the legal practitioner."
Even the Speaker of Parliament, Alban Bagbin, weighed in, noting that issues of wrongful arrests and misuse of invitations aren't limited to the OSP. "This matter is so endemic that it doesn't deal with any regime," he stated, emphasizing that these problems exist across various institutions, including the police and military.
But here's where it gets controversial... Ayariga questioned the OSP's constitutional basis and performance, urging Parliament to reconsider its creation. He even admitted to opposing its establishment initially, citing concerns about stripping the Attorney General of prosecutorial powers. He believes the attempt to make the OSP fit within the Constitution was flawed from the start.
He further stated that "The fact that we had to struggle and nuance the whole process clearly betrays the fact that we knew we were doing something that didn’t sit well with our constitutional architecture.”
After almost a decade, Ayariga insists the OSP hasn't shown any real results in fighting corruption. He challenged, "Tell me what is really the achievement of that office? Major cases of clear corruption, up to date, the office has not been able to do anything.” He concluded, “I think we should abolish it because we’ve experimented with it and we cannot see any achievement.”
And this is the part most people miss... Ayariga suggests the solution lies in adequately funding the Attorney General's office, the constitutionally recognized prosecutorial authority. He questioned why the OSP receives significant funding while the Attorney General's office remains under-resourced. He also mentioned that former Speaker Prof. Mike Oquaye recommended abolishing the OSP through a private member’s bill.
What do you think? Do you agree with the Majority Leader? Is the OSP failing to meet its objectives? Should the focus shift to strengthening the Attorney General's office? Share your thoughts in the comments below!
