CDD-Ghana advocates for Constitutional status and financial autonomy
By: Akosua Frema Frempong
The Ghana Center for Democratic Development (CDD-Ghana) has recommended that the Office of the Special Prosecutor (OSP) be established as a creation of the Constitution rather than a mere Act of Parliament. This move, the Center argues, is essential to securing independent prosecutorial power and full financial autonomy for the office.
The recommendation follows a regional dialogue organized by CDD-Ghana in collaboration with theĀ OSP. The forum aimed to deepen stakeholder understanding of theĀ OSPās legal framework, identify existing legislative gaps, and build consensus around necessary reforms.
This dialogue is part of a broader initiative to strengthen accountability institutions and enhance citizen engagement in Ghanaās anti-corruption efforts. It brought together a diverse group of stakeholders, including: Civil Society Organizations (CSOs) and policymakers, Traditional authorities and opinion leaders, Media practitioners, influencers, and youth/women groups.
Participants also reviewed and validated an eight-year assessment report of theĀ OSP, conducted by CDD-Ghana consultants to ensure that future policy recommendations are evidence-based and reflect diverse perspectives.
Ā A consultant and aĀ lecturer at the University of Ghana, Dr Zechariah Langnel,Ā presented the research findings. He noted that while data from Transparency International and Afrobarometer confirm that corruption remains a major challenge in Ghana, theĀ OSPĀ is uniquely positioned to address it.
āOur findings show that theĀ OSPĀ is the institution best placed to fight corruption effectively,ā Dr. Langnel affirmed. āWhile Ghanaians feel the Attorney General cannot do this effectively due to political ties, there is strong popular support for theĀ OSP. Despite its potential, the research identified several critical weaknesses. Constitutional Vulnerability: Currently, theĀ OSPĀ is an Act of Parliament. āIf aĀ newĀ government feels they donāt need the office, they can simply scrap it,ā Dr. Langnel explained.
āTo be strategically positioned, its roots must be in the 1992 Constitution.ā
Until 2023, theĀ OSPĀ suffered from severe underfunding. This inadequateĀ resources hindered the recruitment of essential investigators and researchers. Under the current legal regime, theĀ OSPĀ often requires authorization from the Attorney General to prosecute. Dr. Langnel described this as āproblematic,ā as it denies the office the āindependent-minded environmentā necessary for its work. Despite these hurdles, the report highlights significant successes achieved since the office stabilized in 2023:68 active cases currently in progress. GHāµ 35 million recovered to the state. GHāµ 7.1 billion in potential fraud prevented. 7successful prosecutions in a short period.
āPeople look at the eight-year window, but we should look at the last three years (2023ā2026) where the office has been stable,ā Dr. Langnel noted. āWhen you consider the budget given to them versus their output, their success is commendable.ā
Dr. Langnel also pointed out two major āloopholesā in Ghanaās anti-corruption architecture that must be addressed: Sole Sourcing: Often used as a tool for hand-picking vendors without competitive bidding, leading to huge procurement deals lacking value for money. Plea Bargaining: Dr. Langnel expressed personal opposition to plea bargaining in corruption cases, arguing it allows people to āsteal, come through the back door, and let them go,ā which encourages further corruption. TheĀ OSPĀ cannot fight corruption alone; it requires public support and the closure of legal loopholes. By elevating theĀ OSPĀ to a constitutional body, Ghana can ensure that the ābig fishesā are held accountable, creating a deterrent that trickles down to all levels of society. Without this independence, the office remains at risk of political interference and ānolle prosequiā filings that allow the corrupt to walk free.
Summary of Recommended Reforms
Legal Foundation Move from an Act of Parliament to a Constitutional Provision.
Independence Remove the requirement for Attorney General authorization forĀ OSPĀ cases.
Funding Guaranteed financial autonomy to ensure full staffing of investigators.
Procurement Tighten laws on sole sourcing to prevent hand-picked contracts

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Reported by Gbcghanaonline.
Read Original Report at gbcghanaonline.com ā
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