OSP Probes NPP Presidential and NDC Ayawaso East Primaries Over Vote Purchasing Allegations

Update: Ghana’s Office of the Special Prosecutor (OSP) has initiated formal investigations into alleged vote-buying and electoral malpractice during separate internal party elections held in early 2024. The probes target the New Patriotic Party’s (NPP) presidential primaries conducted on January 31, 2024, and the National Democratic Congress’s (NDC) parliamentary primaries in the Ayawaso East constituency on February 7, 2024. The investigations were publicly announced on February 8, 2024, and encompass not only the corrupt practices themselves but also a serious incident involving the alleged assault of an OSP officer during the NDC event.

This development underscores the OSP’s active role in policing Ghana’s electoral landscape beyond national elections, extending its scrutiny to internal party contests where public office nominations are decided. The allegations, if proven, represent a direct challenge to the integrity of Ghana’s democratic processes and carry severe legal penalties under national statutes.

Introduction: The OSP’s Mandate and a New Front in Electoral Integrity

The Office of the Special Prosecutor (OSP) is Ghana’s premier independent anti-corruption agency, established under the Office of the Special Prosecutor Act, 2017 (Act 959). Its core mandate is to investigate and prosecute corruption and corruption-related offenses, including those involving public officers, politically exposed persons, and corporations. A critical, though often less visible, part of its work involves monitoring and investigating corrupt practices that undermine the integrity of public elections and the political party system that feeds into them.

The simultaneous probes into two major political parties’ primaries mark a significant escalation in the OSP’s operational scope. It signals that the agency is willing to apply its resources and legal authority to internal party elections, which are foundational to determining the candidates who will contest for national and legislative offices. The allegations of “vote buying” (offering money or goods to induce a vote) and “vote selling” (accepting such inducements) strike at the heart of free and fair elections, converting a civic duty into a commercial transaction and distorting the will of party members.

Key Points: A Summary of the OSP’s Announcement

The OSP’s official statement, dated February 8, 2024, provides a clear outline of its actions and findings. The key points are:

• Dual Investigations Launched: Formal investigations are underway into the NPP’s January 31, 2024, presidential primaries and the NDC’s February 7, 2024, parliamentary primaries for Ayawaso East.
• Core Allegations: The investigations focus on specific criminal acts: vote buying, vote selling, and the sources of funding for these alleged corrupt acts.
• Real-Time Intervention: During the NDC Ayawaso East primaries, the OSP conducted a real-time investigation following credible reports of electoral malpractice and intimidation, indicating an operational presence on the ground.
• Assault on an OSP Officer: A particularly grave allegation emerged from the NDC event. The OSP states that one of the parliamentary candidates, Mohammed Baba Jamal Ahmed, allegedly “abetted thugs to physically attack an officer of the OSP” who was executing investigative duties related to the vote-buying probe. This has triggered a separate, additional investigation into the assault.
• Legal Reminder: The OSP explicitly reminded the public and political actors that such practices are serious criminal offenses under Ghanaian law, citing prohibitions against vote buying/selling, intimidation, threats of violence, and acts of violence.
• Commitment to Prosecution: The Office affirmed its commitment to pursuing all credible allegations and initiating appropriate legal action where sufficient evidence is gathered to support prosecution.

Background: Context of Ghana’s Internal Party Primaries and Anti-Corruption Framework

The Significance of Party Primaries in Ghana’s Democracy

In Ghana’s First-Past-The-Post system, political parties are the primary vehicles for contesting national and local government elections. The selection of flagbearers (presidential candidates) and parliamentary candidates through primaries is therefore a critical democratic process. These primaries determine the individuals who will represent the parties in the high-stakes general elections. Consequently, the integrity of these internal contests is not merely a party affair; it is a matter of public interest with direct implications for national governance and the fight against political corruption.

Allegations of “money politics” or vote-buying during primaries are perennial concerns in Ghanaian political discourse. Critics argue that such practices marginalize candidates without substantial financial backing, promote a culture of patronage and clientelism, and ultimately compromise the independence and accountability of elected officials who may feel indebted to financiers rather than constituents.

The Legal Architecture: Criminalizing Electoral Corruption

The OSP’s actions are grounded in several key pieces of Ghanaian legislation:

• The Criminal Offences Act, 1960 (Act 29): This foundational statute contains provisions against bribery and corruption. Sections such as 153 (bribery of voters) and 154 (undue influence) can be applied to vote-buying and vote-selling schemes during elections, including party primaries if they are considered a “public election” or an election for a public office under a broader interpretation. The OSP’s statement explicitly references the prohibition of “corrupt acts in relation to public elections.”
• The Representation of the People’s Law, 1992 (PNDCL 284): This law governs the conduct of public elections. While its primary focus is on national elections, its principles and specific offenses (like intimidation, personation, and bribery) are often analogously applied to party primaries, especially where the outcome directly leads to a public election. The OSP’s mention of “intimidation, threats of violence, and acts of violence” aligns closely with the spirit of this law.
• The Office of the Special Prosecutor Act, 2017 (Act 959): This grants the OSP the unique power to investigate corruption and corruption-related offenses, which broadly encompasses electoral malpractice involving public officers, the misuse of state resources, or large-scale financial transactions that distort political processes.

The convergence of these laws empowers the OSP to investigate not just the act of handing over money, but also the source of the funds (potentially involving money laundering or illicit financing), the network of organizers, and any accompanying violence or intimidation.

Analysis: Dissecting the Allegations and Their Implications

The NPP Presidential Primaries Probe

The OSP’s investigation into the NPP’s January 31 presidential primaries suggests that credible intelligence or complaints were received regarding systematic vote-buying across multiple voting centers. Presidential primaries in a major party like the NPP attract significant financial interests, with candidates often perceived as having varying levels of access to wealthy donors. The OSP’s focus on the “sources of funding” is particularly telling. It indicates an investigation not merely into isolated incidents of delegates being handed cash, but potentially into the campaign finance structures of the candidates themselves. Questions will arise: Were party funds used illegally? Were state resources or contracts leveraged? Was there a coordinated, high-level operation to sway delegates through monetary inducements?

The political stakes are immense. The NPP’s candidate will challenge the incumbent NDC government in the 2024 general elections. A cloud of corruption over the primary process could undermine the eventual flagbearer’s moral authority to campaign on an anti-corruption platform and provide ammunition for political opponents.

The NDC Ayawaso East Parliamentary Primaries: A Dual Crisis

The situation in Ayawaso East is more complex and severe. First, there is the standard vote-buying allegation. Second, and uniquely, is the reported assault on an OSP officer. The OSP’s statement claims that candidate Mohammed Baba Jamal Ahmed “allegedly abetted thugs” to attack the officer. This transforms the incident from an electoral offense into a direct assault on the rule of law and the authority of a state institution.

Legal Implications of the Assault Allegation: If proven, this is not justifiable as political rivalry. It could constitute multiple serious crimes:

• Assault on a Public Officer: Under Ghanaian law, assaulting a public officer in the execution of their duty is an aggravated offense.
• Obstruction of Justice / Interference with a Law Enforcement Officer: The act was allegedly intended to disrupt an official investigation, which is a distinct and serious crime.
• Conspiracy: The allegation of “abetting” implies planning or encouraging the attack, which could lead to conspiracy charges.

For a candidate seeking to represent a constituency in Parliament, such an allegation is politically catastrophic and legally perilous. It directly contradicts the oath of office and the expected conduct of a legislator.

The “real-time investigation” mentioned by the OSP indicates that its officers were present at the NDC primaries, likely monitoring due to prior intelligence. This proactive stance shows the OSP is not waiting for post-event complaints but is willing to deploy resources to observe and intervene in high-risk electoral events.

Broader Implications for Ghana’s Democratic Health

1. Erosion of Internal Party Democracy: Persistent vote-buying turns primaries into auctions, where the highest bidder secures the nomination, disregarding merit, grassroots support, or policy platforms.
2. Fueling Political Violence: The Ayawaso East assault illustrates the dangerous escalation possible when electoral contests become arenas for physical confrontation. The involvement of “thugs” suggests a culture of enlisting non-party actors to enforce outcomes.
3. Undermining State Institutions: An attack on an OSP officer is an attack on Ghana’s anti-corruption architecture. It sends a message that investigations can be met with violence, potentially intimidating other officers and deterring future oversight.
4. International Reputation: Ghana is often cited as a stable democracy in West Africa. High-profile corruption in candidate selection processes tarnishes this reputation and could affect investor confidence and development partner assessments.

Practical Advice: For Political Parties, Aspirants, and the Public

For Political Parties (NPP, NDC, and Others)

• Internal Audit and Transparency: Parties must proactively strengthen their primary election regulations. This includes clear, enforceable codes of conduct, transparent campaign finance reporting for aspirants, and robust, independent election committees with the power to disqualify candidates for proven malpractice.
• Zero-Tolerance Policy: Publicly and unequivocally condemn vote-buying and violence. Cooperate fully with the OSP investigation. Any candidate found culpable must face immediate and severe disciplinary action, including disqualification, to demonstrate commitment to clean politics.
• Security Protocol: For future primaries, coordinate with the Ghana Police Service and, where necessary, invite the OSP or Electoral Commission observers to monitor high-constituency contests to deter malpractice and ensure officer safety.

For Aspiring Candidates

• Campaign on Issues, Not Cash: Build your campaign around your record, your vision for the constituency, and your connection to grassroots needs. Monetary inducements are illegal, unethical, and create unsustainable debt to financiers.
• Document Everything: Maintain meticulous, transparent records of all campaign expenditures. Be prepared to account for the source of all funds. If you witness malpractice, document it (safely) and report it to your party’s election committee and the OSP.
• Reject Violence and Intimidation: Clearly instruct your supporters and agents against any form of violence, intimidation, or interference with officials. Their actions are your responsibility.

For the General Public and Party Members (Delegates/Voters)

• Know Your Rights and Reject Bribes: Your vote is your power. Selling it for a short-term gain perpetuates a cycle of corruption and poor representation. Report any attempts to bribe you to the OSP (via their hotline/website), your party’s election committee, or the police.
• Be an Active Witness: Safely observe and report instances of intimidation, violence, or suspicious financial transactions at polling stations to the appropriate authorities.
• Demand Accountability: Hold your party leaders accountable for conducting clean primaries. Use social media, community meetings, and party forums to demand transparency and the enforcement of rules.

FAQ: Frequently Asked Questions on the OSP Probes

What exactly is the Office of the Special Prosecutor (OSP)?

The OSP is an independent agency established by Parliament in 2017. It has the exclusive mandate to investigate and prosecute corruption and corruption-related offenses. It operates independently of the Attorney-General’s office and has powers to investigate cases involving public officers, politically exposed persons, and private entities where corruption is alleged.

Why is the OSP investigating internal party primaries?

The OSP interprets vote-buying and other corrupt practices during primaries as “corruption-related offenses.” Since the outcome determines candidates for public elections (President, Member of Parliament), the integrity of that selection process is a matter of public interest and falls within the OSP’s mandate to safeguard the integrity of public offices and elections.

What is the difference between “vote buying” and “vote selling”?

Both are illegal. Vote buying is the act of offering money, goods, favors, or any inducement to a voter to secure their vote for a specific candidate. Vote selling is the act of a voter accepting such an inducement in exchange for their vote. The OSP investigates both sides of the transaction.

What are the potential penalties if someone is convicted?

Penalties depend on the specific charge but can be severe. Under the Criminal Offences Act, bribery of voters can lead to fines and imprisonment. If the offense involves a public officer or large sums indicating a pattern of corruption, sentences can be lengthy. The assault on an OSP officer carries its own distinct, potentially heavier penalties. A convicted candidate would also be disqualified from holding public office.

Can the OSP investigate a private citizen who is not a public officer?

Yes. The OSP’s mandate covers “corruption and corruption-related offenses.” A private citizen who offers or accepts a bribe in an election is committing a corruption-related offense (bribery), and the OSP can investigate. The law also targets those who “abut” or facilitate such crimes.

What happens