'OSP constitutional challenge was much ado about nothing' — Former Gomoa West MP

Former Member of Parliament for Gomoa West, Alexander Abban

Former Member of Parliament for Gomoa West, Alexander Abban, has described the constitutional challenge against the Office of the Special Prosecutor (OSP) Act, 2017 (Act 959), as unnecessary, arguing that Parliament had already addressed the legal concerns before approving the legislation.

Mr Abban, who served as Vice Chairman of the Constitutional, Legal and Parliamentary Affairs Committee during the Seventh Parliament, said lawmakers carefully examined the constitutional issues surrounding the creation of the anti-corruption office, particularly concerns relating to Article 88 of the 1992 Constitution.

Article 88 assigns prosecutorial authority on behalf of the Republic to the Attorney-General, and Mr Abban said Parliament was fully aware of the implications of granting prosecutorial powers to the Special Prosecutor under the OSP Act.

Speaking on The Big Issue on Saturday, August 1, he said the legal action against the legislation amounted to an unnecessary dispute because the concerns had already been considered during the passage of the bill.

“I think that it was much ado about nothing, this case that was taken to the Supreme Court. I was part of those who actually went through clause-by-clause discussions, looked at the memorandum and all the issues surrounding the bill,” he said.

Mr Abban explained that Parliament deliberately crafted the legislation in a manner that would align with constitutional requirements and prevent future legal challenges.

“It was not lost on us about the constitutional conundrum regarding Article 88, and how to skirt around it in such a way that we did not produce a piece of legislation which would see somebody going to court to bring it to its extermination,” he added.

His comments follow the Supreme Court’s dismissal of a constitutional suit challenging the legality of the OSP Act, filed by private legal practitioner Noah Adamtey.

Mr Adamtey had argued that Parliament acted beyond its authority by conferring independent prosecutorial powers on the Special Prosecutor, insisting that the Constitution reserves prosecutorial authority exclusively for the Attorney-General.

The Supreme Court, however, upheld the constitutionality of the OSP Act, ruling that the Special Prosecutor has the authority to investigate and prosecute corruption-related offences that fall within the office’s mandate.

The court further held that while the OSP can commence prosecutions, the Attorney-General retains the constitutional power to discontinue criminal proceedings, including those initiated by the Special Prosecutor.