The Majority Leader, Mahama Ayariga, has called for the abolition of the Office of the Special Prosecutor (OSP), arguing that the institution has failed to deliver on its core mandate eight years after its establishment.
Speaking on the floor of Parliament on Thursday, December 4, during discussions on the arrest and detention of private legal practitioner Martin Kpebu by the OSP, the Bawku Central MP said the recent incident reinforces long-standing concerns about the relevance and constitutionality of the office.
According to him, Mr Kpebu’s detention, after he honoured an invitation from the OSP and reportedly engaged in an altercation with security officers at the entrance, was unwarranted and only rectified after intense public pressure.
“It took the intervention of most Ghanaians on social media and people calling the Special Prosecutor, demanding that he should release the legal practitioner,” he told the House.
The Speaker of Parliament, Alban Bagbin, intervened briefly, stressing that concerns about wrongful arrests and misuse of invitations extend beyond the OSP.
“This matter is so endemic that it doesn’t deal with any regime,” he said.
“Let’s all be honest, it cuts across all the regimes… even in the Ghana Police Service, the military, the security agencies. They think that when somebody is invited, the person is arrested. The law is very clear on this matter.”
Returning to the issues, the Majority Leader questioned the constitutional basis and performance of the OSP, insisting that Parliament must reconsider its earlier decision to approve its creation.
“I recall vividly… I opposed it. The Hansard will bear me out because I took a position that it is unconstitutional to strip the Attorney General of the power to be responsible for the prosecution of criminal cases,” he said.
He argued that the attempt to design the OSP in a manner that appeared to align with the Constitution was flawed from the outset.
“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.”
Mr. Ayariga added that after almost eight years in existence, the OSP has not demonstrated any meaningful results in tackling corruption.
“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 said.
“I think we should abolish it because we’ve experimented with it and we cannot see any achievement.”
He argued that the real solution lies in adequately resourcing the Attorney General’s office, which is the only constitutionally recognised prosecutorial authority.
“If the institution of the Attorney General… is adequately resourced and protected by Parliament, that office will equally deliver.”
He further questioned why the OSP receives substantial allocations while the Attorney General’s office, which constitutionally holds prosecutorial powers, remains comparatively under-resourced.
The Majority Leader noted that former Speaker Prof. Mike Oquaye has recommended that Parliament consider abolishing the OSP through a private member’s bill.
“Mr Speaker, I’m told that your predecessor, the right honourable Mike Oquaye, indeed recommended that this House should abolish it, that we should use a private member’s bill to abolish it.”