Private legal practitioner Ace Anan Ankomah has outlined a series of proposals aimed at strengthening the effectiveness and independence of Ghana’s Office of the Special Prosecutor (OSP), amid renewed debate over whether the institution should be scrapped or maintained.
Speaking on Channel One TV’s The Point of View on Monday, December 8, Mr. Ankomah responded to calls from sections of the public and Parliament regarding the future of the OSP. He proposed a constitutional review of Article 88(3) and (4), which define the prosecutorial powers of the Attorney-General.
He argued that the Attorney-General’s Department, which previously handled corruption and economic crimes, has historically struggled to deliver justice in complex cases.
“In my view, Parliament passing the OSP Act is the biggest concession that, when it comes to corruption and corruption-related offences, the AG’s office has not done well,” Ankomah said.
He pointed to challenges such as the intricate nature of economic crimes and the strength of legal defenses mounted by accused persons.
Ankomah proposed combining the energy and focus that inspired the creation of the OSP with the stabilizing structure of the Director of Public Prosecutions (DPP), the unit under the AG’s office responsible for criminal prosecutions.
He stressed the need for a criminal prosecution authority that operates independently of political control.
“We cannot trust any government with criminal prosecutions because we see that it favours their friends,” he stated.
He cited instances of incoming administrations filing nolle prosequi to discontinue ongoing cases, a practice he said undermines public confidence in the justice system.
Ankomah’s proposal calls for the entire criminal prosecution wing of the AG’s office to be separated and merged with the OSP and the Economic and Organised Office (EOCO) to form an independent National Prosecutions Authority.
He said the authority should be headed by a civil servant and enjoy judicial-quality independence, including security of tenure, financial autonomy, and insulation from political interference.
“Yes, the police will still investigate crime, but this office will be the authority to prosecute so that we can be sure there is minimal political interference,” Ankomah added.
Ace Ankomah: Parliament has great aversion to independent institutions