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 the OSP. The forum aimed to deepen stakeholder understanding of the OSP’s 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 Ghana’s 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 the OSP, conducted by CDD-Ghana consultants to ensure that future policy recommendations are evidence-based and reflect diverse perspectives.

 A consultant and a  lecturer at the University of Ghana, Dr Zechariah Langnel,  presented the research findings. He noted that while data from Transparency International and Afrobarometer confirm that corruption remains a major challenge in Ghana, the OSP is uniquely positioned to address it.

“Our findings show that the OSP is the institution best placed to fight corruption effectively,” Dr. Langnel affirmed. “While Ghanaians feel the Attorney General cannot do this effectively due to political ties, there is strong popular support for the OSP. Despite its potential, the research identified several critical weaknesses. Constitutional Vulnerability: Currently, the OSP is an Act of Parliament. “If a  new  government feels they don’t need the office, they can simply scrap it,” Dr. Langnel explained.

“To be strategically positioned, its roots must be in the 1992 Constitution.”

Until 2023, the OSP suffered from severe underfunding. This inadequate  resources hindered the recruitment of essential investigators and researchers. Under the current legal regime, the OSP often requires authorization from the Attorney General to prosecute. Dr. Langnel described this as “problematic,” as it denies the office the “independent-minded environment” 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. GH₵ 35 million recovered to the state. GH₵ 7.1 billion in potential fraud prevented. 7successful prosecutions in a short period.

“People look at the eight-year window, but we should look at the last three years (2023–2026) where the office has been stable,” Dr. Langnel noted. “When you consider the budget given to them versus their output, their success is commendable.”

Dr. Langnel also pointed out two major “loopholes” in Ghana’s 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 “steal, come through the back door, and let them go,” which encourages further corruption. The OSP cannot fight corruption alone; it requires public support and the closure of legal loopholes. By elevating the OSP to a constitutional body, Ghana can ensure that the “big fishes” 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 “nolle prosequi” 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 for OSP 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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