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Why the OSP Merits a Second Chance: The Case for Decentralization

Introduction

The discourse surrounding the efficacy and future of Ghana’s Office of the Special Prosecutor (OSP) has reached a critical juncture. Following a controversial proposal to repeal the OSP Act and abolish the institution entirely, a significant pivot in legislative strategy has emerged. Rockson-Nelson Dafeamekpor, the Member of Parliament for South Dayi and Majority Chief Whip, has publicly advocated for reform rather than abolition, arguing that the OSP merits a “second chance.” Central to this renewed vision is the urgent need for decentralization—moving the anti-graft body beyond the confines of Accra to serve the entire nation. This article explores the legislative maneuvering, the rationale behind the call for regional expansion, and the broader implications for Ghana’s anti-corruption architecture.

Key Points

Background

To understand the significance of the current debate, one must look at the genesis of the Office of the Special Prosecutor (OSP). Established under the Office of the Special Prosecutor Act, 2017 (Act 959), the OSP was created as an independent agency with the specific mandate to investigate and prosecute corruption and corruption-related offenses involving public officers and politically exposed persons. Its creation was a response to public demand for a specialized body free from the traditional chain of command that often hindered the Attorney General’s Department.

The Controversial Repeal Attempt

Despite its mandate, the OSP has faced significant operational challenges since its inception. These challenges prompted Mr. Dafeamekpor and Majority Leader Mahama Ayariga to draft a private member’s bill. The objective of this bill was stark: to repeal the Office of the Special Prosecutor Act and completely abolish the institution. The bill had successfully passed through the parliamentary committee on private members’ expenses and was poised for presentation to the House.

Presidential Intervention

The move to dismantle the OSP was abruptly halted following public comments by President John Dramani Mahama. The President intervened, asserting that it was “untimely” to scrap the agency. He emphasized that the OSP remains a vital component of the national anti-corruption schedule and is currently the only independent institution with prosecutorial powers outside the standard administrative chain of command. Following this directive, the sponsors of the bill agreed to withdraw it.

Analysis

The debate over the OSP highlights a fundamental tension in governance structures: the balance between institutional independence and operational accessibility. Mr. Dafeamekpor’s recent comments on Joy FM’s Super Morning Show provide a nuanced analysis of where the OSP has failed and where it can succeed.

The Geography of Corruption

One of the most compelling arguments for decentralization is the geographical limitation of the current OSP structure. By being “cocooned in Accra,” the office suffers from a disconnect with the regions. Corruption does not occur solely in the national capital; it permeates local government, regional procurement, and district-level administration. Dafeamekpor noted, “When you have issues far away from Accra, how do you handle them effectively?” This question underscores the logistical nightmare of investigating crimes in the Upper East or the Western North from a headquarters in the Greater Accra Region.

Operational Costs and Efficiency

Contrary to the belief that expanding an institution increases costs, the Majority Chief Whip argues that decentralization will actually reduce operational expenses. Deploying teams from Accra to the regions for every inquiry requires significant travel, accommodation, and per diem costs. Establishing permanent regional offices creates a hub-and-spoke model where local officers can handle investigations natively. This “regional officers reporting to the centre” model ensures that the national office receives timely intelligence without bearing the full weight of travel logistics.

The “Second Chance” Doctrine

The concept of a “second chance” for the OSP is not merely sentimental; it is strategic. Abolishing a statutory body is a complex, resource-intensive process that often results in a vacuum where no anti-corruption mechanism exists. By choosing reform, Parliament acknowledges that the framework of the OSP is sound, but its implementation requires adjustment. This aligns with the President’s view that the OSP is a “key pillar” that should be strengthened rather than dismantled.

Practical Advice

For the proposed decentralization to be effective, specific logistical and legal steps must be taken. If the OSP is to truly merit a second chance, the following practical advice should be considered during the reform process:

Phased Implementation of Regional Offices

The OSP should not attempt to open all 16 regional offices simultaneously if budget constraints exist. A phased approach, starting with high-volume or high-risk regions, would allow for the testing of the “regional officers reporting to the centre” model. This ensures that standard operating procedures (SOPs) are refined before a nationwide rollout.

Recruitment and Training of Regional Staff

Decentralization requires human capital. The OSP must prioritize recruiting investigators and prosecutors who are indigenous to the regions they serve. Local knowledge, including language and cultural nuances, is invaluable in corruption investigations. Furthermore, specialized training should be provided to ensure these regional officers maintain the high ethical standards required of the Office.

Digital Infrastructure for Connectivity

To maintain the independence and oversight of the central office, a robust digital infrastructure is required. Secure communication channels between Accra and regional offices must be established to facilitate the rapid sharing of case files and evidence. This reduces the need for physical travel for administrative oversight while keeping the central command informed.

FAQ

Conclusion

The trajectory of the Office of the Special Prosecutor has shifted dramatically from a potential abolition to a mandate for reform. The withdrawal of the private member’s bill and the subsequent call for decentralization by Mr. Dafeamekpor signal a maturing understanding of how to combat corruption in Ghana. The argument is no longer about whether the OSP should exist, but rather how it can exist more effectively. By moving the agency’s presence into the regions, Ghana can bridge the gap between the anti-corruption apparatus and the ordinary citizen. If the proposed decentralization is successfully implemented, the OSP may indeed fulfill the promise of its “second chance,” becoming a truly national watchdog that is both efficient and accessible.