Government spokesperson Felix Kwakye Ofosu has indicated that constitutional reforms may be needed to strengthen and secure the long-term future of the Office of the Special Prosecutor (OSP).
He dismissed suggestions that the Mahama administration was seeking to weaken or dismantle the anti-corruption institution, insisting that the government remains committed to supporting its mandate.
According to him, President John Mahama had previously intervened to stop efforts by some members of the then Majority in Parliament who attempted to abolish the office.
He explained that a proposal had been introduced in Parliament to scrap the OSP, but the President stepped in and urged lawmakers to allow the institution the opportunity to operate and prove its effectiveness.
Felix Kwakye Ofosu emphasized that the legal disputes involving the OSP are based on constitutional interpretation rather than political interference.
He referred to a corruption-related case in which a defendant challenged the authority of the Special Prosecutor to prosecute cases without the approval of the Attorney General under Article 88 of the Constitution. According to him, the court upheld that argument, reinforcing the principle that the actions of the OSP must remain within the framework of the law.
He also pointed to another case before the Supreme Court concerning the powers and operational scope of the office.
On the role of the Attorney General, he explained that the office-holder was only carrying out a constitutional responsibility by advancing what was believed to be the correct interpretation of the law.
Felix Kwakye Ofosu maintained that President Mahama continues to support the Office of the Special Prosecutor despite concerns surrounding legal and constitutional limitations.
He acknowledged that the institution, being relatively new, may face early operational challenges and adjustments, but argued that it should be given time to evolve and become more effective.
He further stressed that any decision by the Supreme Court would have to be respected under Ghana’s constitutional framework, as the court’s rulings are binding on all parties.
Looking ahead, he suggested that the ongoing constitutional review process could provide an opportunity to address existing concerns and strengthen the legal foundation of the OSP.
He added that no institution found by the courts to be acting outside the law can continue to operate in that manner, stating that doing otherwise would undermine the country’s commitment to the rule of law.
