OSP creation was unnecessary and populist — Constitutional Committee Chairman

The Chairman of the Constitutional and Legal Affairs Committee, Mahama Shaibu, has maintained that the establishment of the Office of the Special Prosecutor was unnecessary, describing it as a populist initiative that could have been avoided.

He explained that at the time the office was introduced, several Members of Parliament argued that existing institutions were already equipped to handle its mandate if properly resourced.

“The Commission on Human Rights and Administrative Justice was already there, the Economic and Organised Crime Office was there, the special branch of the police service was available, and then the Attorney-General's department was there,” he said.

Mr Shaibu also threw his weight behind a recent High Court ruling involving the Office of the Special Prosecutor and the Attorney-General, stating that the decision aligns with the law.

“The pronouncement they made is apt, and it is in accordance with law. All we needed to do was to empower the A-G's department, get it the needed resources to be able to prosecute,” he stated.

He reiterated that opposition to the creation of the Office dates back to 2017, insisting that the institution was not structured to function independently.

“The OSP did not have legs to stand on, and if it did at all, it did at the behest of the Attorney-General,” he said.

According to him, the Office cannot exercise prosecutorial authority without constitutional backing, particularly in the absence of amendments to Article 88 (4).

“As things stand now, no other institution except the A-G can prosecute, and unless you are authorised by the AG to so do,” he noted.

Despite his concerns, Mr Shaibu acknowledged the role of the Office in investigating criminal matters, noting that it retains powers to conduct inquiries, searches and related activities.

He further indicated that the ongoing constitutional review process presents a timely opportunity to reconsider the allocation of prosecutorial powers.

“You come with an amendment to Article 88 (4) and say that these institutions can prosecute,” he said, calling for reforms to strengthen the legal framework.