The Office of the Special Prosecutor (OSP) says the mandate of law courts is to apply and enforce the laws of the Republic and not to clothe persons with immunity from criminal investigations and prosecution.
It said the court could, therefore, not injunct the Office from investigating or prosecuting any person.
Mr Kissi Agyebeng, the Special Prosecutor, speaking at a press briefing in Accra on Wednesday, said the OSP needed the support of all stakeholders to fight corruption and corruption-related activities.
He said the decision to investigate and prosecute was the prerogative of investigation and prosecution authorities such as the OSP and that the OSP had at all material times carried out its power to investigate with candour and professionalism being minded of the rights of suspects under its investigation.
The Special Prosecutor said just as it was essential that anyone accused of a crime had free access to the courts so that he may be duly acquitted if found not guilty of the offence, it was also of the utmost importance that the judiciary did not interfere with investigation and prosecution authorities in respect of matters, which were within their statutory powers.
“It would be gravely inimical to public policy, the fight against corruption, and the administration of justice if the courts stepped into this arena to decide who should be investigated or prosecuted and who should not,” he said and lamented that a judge had granted two persons immunity from investigation for suspected corruption and corruption-related offences and hence immunity from prosecution.
“This decision opens up a calamitous deluge as every person under criminal investigation would be encouraged to take out suits to injunct investigation and prosecution bodies from investigating and prosecuting them.”
“We are not suggesting that the OSP is infallible and that every case brought by the OSP or against the OSP should end in a favourable outcome – no matter how improbable the evidence,” he added.