Member of Parliament for Mpraeso, Davis Opoku Ansah, has argued that Article 88(4) of the 1992 Constitution clearly gives the Office of the Special Prosecutor (OSP) the authority to prosecute corruption-related offences without needing case-by-case approval from the Attorney-General.
In a Facebook post on Thursday, April 16, he said the provision was intentionally crafted to improve efficiency in prosecutions and avoid delays in the justice system.
He maintained that the Constitution is unambiguous on the matter, noting that prosecutions may be carried out by the Attorney-General or any other person authorised by him in accordance with the law.
According to him, Parliament acted within its mandate when it established the OSP through Act 959, which he described as the statutory framework anticipated under Article 88(4).
He explained that the law provides a standing institutional structure for prosecutorial authority, rather than requiring ad hoc approvals for each case.
Mr Opoku Ansah also expressed concern over recent conflicting High Court interpretations regarding the OSP’s prosecutorial powers, warning that such inconsistencies could weaken the fight against corruption.
“What we are witnessing is deeply troubling. It risks creating a precedent where corruption cases are stalled through procedural manoeuvres,” he cautioned.
He stressed that the OSP remains legally empowered to operate within its mandate unless the Supreme Court rules otherwise, adding that the law should not become a tool for shielding wrongdoing.