A communications member of the National Democratic Congress (NDC), Godwin Ayaba Mahama, has weighed in on the ongoing controversy surrounding the prosecutorial powers of the Office of the Special Prosecutor (OSP), urging a more objective and legal-focused approach to the matter.
Speaking on the issue at Kessben Maakye, Godwin Mahama argued that discussions around the OSP and the Attorney-General (A-G) must not be viewed through partisan lenses but rather through constitutional and legal interpretation.
According to him, the legal challenge was initiated when lawyer Peter Archibald approached the court on behalf of a client to question the authority of the OSP to prosecute cases without prior authorization from the Attorney-General.
He explained that the court proceedings provided the OSP with an opportunity to justify its authority to independently prosecute cases. However, he noted that the office failed to convincingly establish this mandate.
Mahama referenced Article 88(3) of the 1992 Constitution, emphasizing that it grants the Attorney-General the sole authority to prosecute criminal cases on behalf of the state. He further argued that the law establishing the OSP—Act 959—does not explicitly grant the office full independence from the Attorney-General in prosecutorial matters.
He added that even a former Deputy Attorney-General, honourable Kpenka had acknowledged that the OSP did not initially secure the necessary authorization from the A-G’s office following its establishment.
Despite the controversy, Mahama clarified that the NDC has not taken any official decision to scrap the OSP. Instead, he suggested that if the office is to be maintained, Parliament should consider amending Article 88(3) to clearly define and possibly expand the OSP’s prosecutorial powers.
He also addressed claims that the High Court may have lacked jurisdiction in the matter, as it bordered on constitutional interpretation.
However, he maintained that the core issue remains unresolved.
Mahama accused the OSP of promoting what he described as a “false narrative” of complete independence, insisting that under current legal provisions, the office still requires authorization from the Attorney-General before initiating prosecutions.
The debate over the OSP’s powers continues to generate widespread legal and political discourse, with implications for Ghana’s anti-corruption framework and institutional independence.
