Private legal practitioner Kwame Jantuah has criticised calls to abolish the Office of the Special Prosecutor, describing such a move as a slap in President Akufo Addo’s face and warning it would undermine efforts to fight corruption. Speaking on The Forum on Asaase Radio on Saturday, Jantuah said the office remains essential, arguing that corruption continues to be a significant problem in the country.
Jantuah emphasized that corruption is fundamentally stealing and should be treated as such. He argued that if everyone stopped stealing, the need for an OSP would diminish, but until then the institution remains necessary. The legal practitioner rejected growing calls from some quarters to dismantle the anti corruption agency, insisting instead that it should be strengthened and reformed.
The comments come amid intense debate over the effectiveness and independence of the OSP, with some critics calling for its dissolution while others insist on reforms to strengthen the institution. Speaker of Parliament Alban Sumana Kingsford Bagbin has agreed to consider abolishing the OSP, proposing either a private member’s bill or an executive led amendment. Majority Leader Mahama Ayariga called for scrapping the office, citing its failure to deliver significant results in fighting corruption.
Jantuah proposed the formation of an independent committee comprising Supreme Court judges, civil society representatives, and respected Ghanaian figures to review the challenges faced by the OSP. He suggested the panel should evaluate the performance of former Special Prosecutors Martin Amidu and Kissi Agyebeng and examine current concerns raised by private lawyer Martin Kpebu, whose recent arrest and detention sparked controversy.
The legal practitioner also called for a more transparent process in appointing future Special Prosecutors, including the possibility of opening applications to qualified candidates, including foreigners. He stressed that the President should waive his duty of choosing somebody and open it up for people to apply, with interviews conducted on television so Ghanaians can listen to them.
Jantuah emphasized the need for clear key performance indicators for whoever occupies the position, stating that candidates must understand their job as Special Prosecutor before appointment. Highlighting the need to remove politics from the appointment process, Jantuah stressed that an independent and accountable Special Prosecutor is critical to ensuring the OSP functions effectively for the benefit of Ghanaians.
The controversy surrounding the OSP intensified following the December 3 arrest and detention of Martin Kpebu by the office. Kpebu was held for nearly five hours following a confrontation with a military officer at the OSP premises where he had been invited to assist with an investigation. He was later transferred to the National Intelligence Bureau before being granted bail requiring landed property in his name as security.
Ayariga told lawmakers the incident raises fundamental questions about the existence of the office, asking what achievements the OSP has recorded after close to eight years. He maintained that fighting corruption is not about littering the place with institutions but about political commitment of leadership. The Bawku Central legislator argued that the Attorney General is the only constitutionally established prosecutorial office and creating the OSP stripped that authority.
However, other voices have urged caution. The Ghana Centre for Democratic Development said calls to abolish the OSP are misplaced and run contrary to what Ghanaians expect from public institutions. Dr Kojo Pumpuni Asante, Director of Advocacy and Policy Engagement at CDD Ghana, said the OSP only began full operations in 2024 because of delays and logistical hurdles.
IMANI Africa Vice President Kofi Bentil stated the OSP has not failed but is a work in progress. He argued that if persons occupying the office are inept, they should be removed rather than closing down the entire institution. National Petroleum Authority CEO Godwin Edudzi Tameklo described the call to abolish the OSP as a political trap, stating he prays President Mahama will not fall for this trap.
Legal practitioner Ace Ankomah proposed consolidating the Office of the Special Prosecutor and the Directorate of Public Prosecutions into a new Independent National Prosecutions Authority. He argued the country must remove prosecutorial power from Executive control, saying a merger would allow Ghana to combine the OSP’s dynamism with the DPP’s calm expertise.
Minister in charge of Government Communications Felix Ofosu Kwakye clarified that the government has not received any formal request or indication to scrap the OSP, emphasizing that any such decision would rest solely with the President. He stressed that the establishment of the OSP was backed by law and any attempt to dissolve or restructure the office would require legal and parliamentary procedures.
National Democratic Congress National Chairman Johnson Asiedu Nketiah has called for scrapping the OSP, stating it has proven ineffective in the fight against corruption. He suggested the OSP should be scrapped and its resources used to separate the Office of the Attorney General and the Ministry of Justice because an independent Attorney General is key to fighting corruption.
The Office of the Special Prosecutor was established in 2018 to investigate and prosecute corruption and corruption related offenses involving public officers, politically exposed persons and their accomplices. The office has faced challenges including resource constraints, political interference allegations, and questions about its independence and effectiveness since its creation.
