Is the Office of the Special Prosecutor (OSP) a failed experiment? That's the burning question being asked by the Majority Leader, Mahama Ayariga, and it's sparking a heated debate. He's calling for the OSP's abolition, citing its lack of tangible results despite being in operation for nearly eight years.
During a Parliament session on Thursday, December 4th, the focus was on the arrest and detention of lawyer Martin Kpebu by the OSP. Ayariga argued this incident highlighted long-standing concerns about the office's relevance and its adherence to the constitution. He pointed out that Kpebu's detention, which followed his invitation to the OSP, was only resolved after significant public pressure.
"It took the intervention of most Ghanaians on social media," Ayariga stated, emphasizing the public's role in the lawyer's release.
But here's where it gets controversial: The Speaker of Parliament, Alban Bagbin, weighed in, broadening the scope of the issue. He noted that the problems of wrongful arrests and misuse of invitations aren't limited to the OSP, but are a systemic issue across various governmental bodies, including the police, military, and other security agencies. He stressed that the law is clear on this matter.
Returning to the OSP, Ayariga questioned its constitutional basis and effectiveness. He urged Parliament to reconsider its initial approval of the office. He recalled his opposition to its creation, arguing that it was unconstitutional to strip the Attorney General of the power to prosecute criminal cases. He suggested that the effort to align the OSP with the Constitution was flawed from the start.
"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," he explained.
And this is the part most people miss: Ayariga highlighted that after nearly eight years, the OSP hasn't shown any significant progress in combating corruption. He bluntly asked, "Tell me what is really the achievement of that office?" He then concluded, "I think we should abolish it because we’ve experimented with it and we cannot see any achievement."
Instead of the OSP, Ayariga proposed adequately resourcing the Attorney General's office, which is the constitutionally recognized prosecutorial authority. He questioned why the OSP receives substantial funding while the Attorney General's office remains comparatively under-resourced. Furthermore, he mentioned that former Speaker Prof. Mike Oquaye had recommended the OSP's abolition through a private member's bill.
What do you think? Is the OSP a necessary institution, or has it failed to deliver on its promises? Should the focus shift to strengthening the Attorney General's office? Share your thoughts in the comments below!
