Director of Public Engagement and Partnerships at the Centre for Democratic Development (CDD-Ghana), Dr Kojo Pumpuni Asante, is urging the government to provide clear direction on the future and legality of the Office of the Special Prosecutor (OSP), warning that mixed signals from the Presidency and the Attorney General are creating confusion and undermining Ghana’s anti-corruption efforts.
Speaking on Super Morning Show on April 16, Dr Asante said the lack of a unified government position is making it difficult for citizens and stakeholders to properly assess the direction of policy on accountability.
“There are two things I want clarity on. What is government’s position on the OSP? The Attorney General has made his position clear, but the President’s position appears contrary,” he said.
His comments follow a ruling by the Accra High Court, which held that the OSP does not have independent authority to prosecute criminal cases and must refer such matters to the Attorney-General’s Department. The decision has triggered national debate over the scope and effectiveness of the anti-corruption body.
He stressed that such contradictions at the highest level of government risk weakening public trust in state institutions and the credibility of the anti-corruption agenda.
According to him, if government is of the view that the OSP law is unconstitutional, it already has the legislative power to act decisively without waiting for prolonged judicial processes.
“The Attorney General can go to Parliament today and put an act to repeal the law. They have the majority, so they don’t even need the court,” he argued.
Dr Asante further questioned why government is allowing the matter to remain in legal and political limbo, describing the situation as wasteful and counterproductive.
“What we are doing is wasting public money and dwindling trust in the state,” he cautioned, adding that Ghanaians are “discernible enough” to understand the implications of the ongoing contradictions.
He also traced the debate on anti-corruption institutional design to earlier governance reforms, arguing that Ghana has long grappled with how to structure accountability institutions to ensure independence and effectiveness.
He noted that discussions around separating prosecutorial and advisory roles of the Attorney General, as well as the creation of independent anti-corruption bodies, have been ongoing since the early 2000s.
“This idea that the political class does not want any design of accountability where they don’t control prosecutions has been with us since the APRM process in 2004,” he said.
Dr Asante explained that successive reforms and public debates have consistently pointed to the need for stronger independence in corruption investigations and prosecutions, which eventually led to the establishment of the OSP in 2017.
He warned that any attempt to reverse or undermine that framework without clear national consensus could create instability in governance and weaken anti-corruption enforcement.
“If anybody feels differently about it and they want to change it, it is fine. Let the people decide. But what we are doing now is very damaging to the credibility of government’s anti-corruption fight,” he said.
Dr Asante also raised concerns about the practical implications of the current uncertainty, especially on ongoing investigations and prosecutions involving the OSP.
He said ambiguity in the legal and policy environment risks slowing down cases and giving undue advantage to accused persons navigating the system.
“This uncertainty is not helpful. It makes it easier for accused persons to navigate the system and potentially escape accountability in the middle of cases,” he warned.
He described attempts to challenge or weaken the OSP through legal and institutional contestation as problematic, arguing that it risks derailing ongoing anti-corruption efforts.
Dr Asante insisted that government must take a definitive position to guide public understanding and institutional coordination.
“We need clarity from government. Government must say clearly whether it believes the OSP was properly constituted or not, so that Ghanaians can engage from an informed position,” he said.
He further argued that if there is disagreement within government on the matter, it should be resolved publicly and decisively, rather than through contradictory signals.
Dr Asante also called on the President to personally address the issue, given his repeated public commitment to fighting corruption and promoting accountability.
He concluded that continued uncertainty around the OSP could have broader consequences for governance and public confidence in Ghana’s democratic institutions.
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Source: www.myjoyonline.com
