Introduction

The Office of the Special Prosecutor (OSP) in Ghana has recently faced calls for its abolition, sparking a national debate on its effectiveness and necessity. Legal expert and lecturer at the Ghana School of Law, Bobby Banson, argues that these calls are premature and unwarranted. In this article, we delve into the reasons behind this stance, the role of the OSP in Ghana’s anti-corruption framework, and why dismantling it may not be the solution.

Key Points

Background

The Establishment of the OSP

The Office of the Special Prosecutor (OSP) was established in 2017 under the Office of the Special Prosecutor Act, 2017 (Act 959). Its primary mandate is to investigate and prosecute cases of corruption and corruption-related offenses, particularly those involving public officers and politically exposed persons. The creation of the OSP was a significant step in Ghana’s efforts to strengthen its anti-corruption framework and enhance transparency and accountability in governance.

The Role of the OSP in Ghana’s Legal System

The OSP was designed to address a critical gap in Ghana’s prosecutorial system. Historically, the Attorney-General (AG), who is also the Minister of Justice, has been responsible for prosecuting corruption cases. However, this dual role often raises concerns about political interference and lack of independence. The OSP was created to provide an independent prosecutorial body that could operate without political influence, ensuring that corruption cases are handled impartially.

Analysis

Why Calls for Abolition Are Premature

Bobby Banson’s argument that calls to abolish the OSP are premature is rooted in several key points:

1. Institutional Maturity: The OSP is a relatively young institution, having been established less than a decade ago. Banson notes that “no institution achieves optimum efficiency within 10 years of its establishment.” Institutional growth and effectiveness take time, and the OSP should be given the opportunity to mature and refine its processes.
2. Filling a Critical Gap: The OSP was created to address a specific need in Ghana’s legal system—the independence of prosecution in corruption cases. Until the office of the Attorney-General is decoupled from the Ministry of Justice, there may always be concerns about political will and impartiality. The OSP provides a necessary check on potential conflicts of interest.
3. Challenges vs. Failure: Banson acknowledges that the OSP has faced challenges but argues that these should not be conflated with failure. “I am not saying that the office of the OSP has excelled, but I don’t think that it has failed,” he stated. Challenges are a natural part of institutional development and should be addressed through reform and strengthening, not abolition.

Legal and Institutional Implications

The OSP plays a vital role in Ghana’s anti-corruption efforts. Abolishing it could send a negative signal about the country’s commitment to fighting corruption and could undermine public trust in governmental institutions. Furthermore, the OSP’s existence aligns Ghana with global best practices, as many countries have established independent prosecutorial bodies to combat corruption effectively.

Public Perception and Media Influence

Banson also highlights the role of public perception and media narratives in shaping the debate around the OSP. He notes that much of the criticism has been directed at individuals within the OSP rather than the institution itself. This focus on personalities can obscure the broader institutional goals and the long-term benefits of having an independent prosecutor. Strengthening the OSP requires a shift in narrative—from attacking individuals to supporting the institution’s mandate and capabilities.

Practical Advice

Strengthening the OSP: A Path Forward

Instead of calling for the abolition of the OSP, stakeholders should focus on strengthening the institution. Here are some practical steps that can be taken:

• Increased Funding: Ensure that the OSP has adequate resources to carry out its mandate effectively. This includes funding for investigations, prosecutions, and capacity-building initiatives.
• Capacity Building: Invest in training and development programs for OSP staff to enhance their skills in investigating and prosecuting complex corruption cases.
• Legislative Support: Review and amend existing legislation to address any gaps or ambiguities that may hinder the OSP’s effectiveness. This could include clarifying the OSP’s jurisdiction and powers.
• Public Awareness: Educate the public about the role and importance of the OSP in Ghana’s anti-corruption efforts. This can help build public support and trust in the institution.
• Collaboration: Foster collaboration between the OSP and other anti-corruption agencies, such as the Economic and Organized Crime Office (EOCO) and the Commission on Human Rights and Administrative Justice (CHRAJ), to enhance coordination and effectiveness.

The Role of Civil Society and the Media

Civil society organizations and the media play a crucial role in supporting the OSP’s mandate. They can:

• Monitor and Report: Keep a watchful eye on the OSP’s activities and report on its progress and challenges. Constructive criticism can help identify areas for improvement.
• Advocate for Reform: Advocate for necessary reforms to strengthen the OSP and enhance its independence and effectiveness.
• Educate the Public: Raise awareness about the importance of the OSP and the need for a robust anti-corruption framework in Ghana.

FAQ

Conclusion

The debate over the future of Ghana’s Office of the Special Prosecutor (OSP) is a critical one, with significant implications for the country’s anti-corruption efforts. While the OSP has faced challenges, calling for its abolition may be premature and counterproductive. As legal expert Bobby Banson argues, the OSP is a young institution that needs time to mature and reach its full potential.

Rather than dismantling the OSP, stakeholders should focus on strengthening the institution through increased funding, capacity building, legislative support, and public awareness. By doing so, Ghana can enhance its ability to combat corruption and uphold the principles of transparency, accountability, and good governance.

The OSP represents a crucial step in Ghana’s journey toward a more just and equitable society. Its success depends on the collective efforts of government, civil society, the media, and the public to support and nurture this vital institution.