OSP Independence Debate: Experts Clash Over Attorney General’s Nolle Prosequi Powers | Big Issue
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The Supreme Court's landmark ruling on the Office of the Special Prosecutor (OSP) has triggered a major debate over the balance between prosecutorial independence and the constitutional powers of the Attorney General.
Speaking on The Big Issue on Channel One TV, host Paul Adom-Otchere questioned whether allowing the Attorney General to exercise the power of nolle prosequi over OSP cases could weaken the purpose for which the Special Prosecutor's Office was established.
He argued that the OSP was created to build public confidence in Ghana's fight against corruption and questioned how the office could remain truly independent if its prosecutions could be discontinued by another authority.
Private legal practitioner Justice Abdulai explained that complete independence for the OSP remains difficult within Ghana's constitutional structure, particularly because of Article 88, which gives prosecutorial authority to the Attorney General.
Political analyst Dr. Jonathan Asante-Otchere argued that requiring the OSP to seek approval from the Attorney General on a case-by-case basis would undermine the independence granted to the office. He, however, called for stronger coordination and reporting mechanisms between both institutions.
Former NPP MP for Gomoa West, Alexander Abban argued that the Attorney General's nolle prosequi powers should not be exercised arbitrarily and must be supported by clear reasons to ensure accountability.
Meanwhile, Bernard Bediako, Member of Parliament for Akwatia, maintained that the legal challenge against the OSP's prosecutorial powers was unnecessary, arguing that Article 88 of the 1992 Constitution already provides a clear framework for state prosecutions.
Watch the full discussion as Umaru Sanda Amadu and guests examine the implications of the Supreme Court's decision for Ghana's anti-corruption fight and the future independence of the OSP.
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