The Minority Caucus in Parliament has intensified its demand for President John Mahama to clearly state his position on the future of the Office of the Special Prosecutor, amid mounting legal and political developments surrounding the institution.
The call was made at a press conference addressed by the Member of Parliament for Gushegu Constituency, Hon. Alhassan Tampuli Sulemana, who spoke on behalf of the New Patriotic Party Minority.
According to the Minority, recent actions taken by the government and key legal actors have created uncertainty about the administration’s true stance on the independence and survival of the OSP.
While the President has previously expressed public support for the institution, the Minority argued that developments on the ground suggest otherwise.
The group questioned whether the President’s earlier statements, which indicated that it was premature to abolish the OSP, reflected genuine commitment or were intended to manage public perception.
“The President must choose publicly,” the Minority stated, urging clarity on whether he stands with the OSP or supports efforts that could weaken it.
Sequence of Events Raises Questions
The Minority outlined a series of events that it believes demonstrate a coordinated pattern aimed at undermining the OSP and its leadership. Central to its concerns were multiple petitions filed against the Special Prosecutor, Kissi Agyebeng, which were subsequently referred to the Chief Justice.
Despite the volume of petitions, the Chief Justice reportedly found that none established a prima facie case. For the Minority, this outcome raised questions about the intent behind the petitions, which it described as politically motivated rather than grounded in substantive legal claims.
The situation, according to the Minority, escalated when a separate legal challenge was filed at the Supreme Court, seeking to declare the OSP’s prosecutorial powers unconstitutional. The timing of the suit, which coincided with the collapse of a legislative effort to repeal the OSP Act, was described as significant.
The Minority argued that these developments, taken together, point to a broader strategy that shifted from legislative attempts to judicial avenues after initial efforts failed.
Attorney General’s Position Under Scrutiny
A major point of contention for the Minority is the role played by the Attorney General in the unfolding legal battles. The group criticized the Attorney General for opposing the OSP’s attempt to join the Supreme Court proceedings, a move it believes effectively denied the institution the opportunity to defend its mandate.
This position, the Minority argued, represents a departure from the expected role of the Attorney General as the chief legal defender of state institutions. It further suggested that the Attorney General’s stance aligns with efforts to limit the powers of the OSP rather than protect them.
The issue gained further prominence following a High Court ruling that declared the OSP’s prosecutorial powers unconstitutional and nullified its ongoing cases. The ruling also directed that the Attorney General take over prosecutions previously handled by the OSP.
For the Minority, this development reinforced its concerns about a systematic effort by the Mahama-led administration to weaken the institution through multiple channels.
Concerns Over Judicial and Constitutional Process
The Minority has also raised constitutional concerns regarding the High Court ruling. It argued that under Article 130 of the Constitution, only the Supreme Court has the authority to interpret constitutional matters and determine the validity of legislation.
By this reasoning, the Minority maintains that the High Court exceeded its jurisdiction in making pronouncements that effectively nullify aspects of the law establishing the OSP. It insists that until the Supreme Court rules on the matter, the OSP Act remains valid and enforceable.
The group has therefore called for immediate legal action, including a stay of execution of the High Court decision and a swift determination by the Supreme Court on the pending constitutional issues.
Beyond the legal arguments, the Minority framed the issue as a test of Ghana’s commitment to accountability and the fight against corruption. It emphasized that the OSP was established to address long standing concerns about the limitations of traditional prosecutorial systems, particularly in cases involving politically exposed persons.
The Minority warned that weakening the OSP could undermine efforts to ensure independent investigations and prosecutions, potentially eroding public confidence in the justice system.
It argued that the institution was designed to operate without undue influence and that any attempt to subject it to executive control would defeat its purpose.
According to the group, requiring the OSP to seek approval from the Attorney General before initiating prosecutions would compromise its independence and limit its effectiveness.
Demand for Accountability
In light of these concerns, the Minority has called for greater transparency and accountability from the government. It announced plans to summon the Attorney General before Parliament to explain his position and to pursue further parliamentary action if necessary.
The group also urged the Supreme Court to treat the matter as one of urgent national importance and expedite its hearing. Additionally, it called on the media and civil society to closely examine the circumstances surrounding recent legal actions affecting the OSP.
For the New Patriotic Party Minority Caucus in Parliament, the issue goes beyond legal technicalities to the core of democratic governance and institutional integrity.
The Minority maintained that the future of the OSP is now a matter of national significance that requires clear leadership from the highest level. It insists that President Mahama must publicly define his position to remove any ambiguity surrounding the government’s intentions.
As legal proceedings continue and public debate intensifies, the direction taken by the administration is likely to shape perceptions of its commitment to accountability and the rule of law. For now, the Minority’s message remains direct and consistent: the President must make his position known.
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