The New Patriotic Party (NPP) Minority in parliament, at a press conference, has alleged that there are political weapons aimed at dismantling the Office of the Special Prosecutor (OSP).
According to the Minority, the legal and political actions targeting the Office of the Special Prosecutor are a coordinated effort aimed at weakening the institution.
The Member of Parliament for Gushegu and Ranking Member on Parliament’s Legal Affairs Committee, Hassan Tampuli, speaking on behalf of the New Patriotic Party (NPP) Minority at a press conference, highlighted a series of petitions, parliamentary moves and court cases as the “political weapons” aimed at dismantling the OSP.
Hassan Tampuli, addressing the press, stated, “The petitions were not serious legal instruments. They were political weapons designed to harass, delegitimise, and remove from office a public servant whose crime was that he was doing his job”.
He also alleged that the petitions submitted to President John Mahama seeking the removal of the Special Prosecutor were “coordinated and strategically timed”.
“Three referred formally to the Chief Justice. Zero prima facie case established,” he stated.
According to him, there is the “third phase” of a sustained strategy to weaken the institution through different legal channels, with a private legal practitioner challenging the constitutionality of the OSP’s prosecutorial powers.
“When you cannot kill an institution by statute, you attempt to do so through constitutional litigation,” he argued.
It will be recalled that the Accra High Court ruled that the Office of the Special Prosecutor (OSP) has no authority to prosecute cases.
The High Court ruling stripped the Office of the Special Prosecutor (OSP) of its prosecutorial powers, handing them to the Attorney General (AG) to take over all criminal prosecutions.
On Wednesday, April 15, the High Court ruling was delivered, representing a significant development in Ghana’s legal and anti-corruption landscape.
Also, the court declared that all ongoing prosecutions initiated by the OSP are null and void, a decision that immediately halts multiple high-profile and ongoing cases being tried in various courts across the country.
Meanwhile, Prof Aaron Mike Oquaye, the former Speaker of Parliament, has backed the High Court decision to strip the Office of the Special Prosecutor (OSP) of prosecutorial power.
According to Prof Oquaye, who presided over the very Parliament that passed the OSP Act, highlighted that the court’s decision was not strange at all.
The former Speaker of Parliament argued that the 1992 Constitution remains the supreme authority.
He explained that the 1992 Constitution gives the Attorney General the sole authority to prosecute.
Speaking on JoyNews Thursday, April 16, Prof. Oquaye explained, “The constitutional provisions we give the Attorney General as the sole authority to prosecute cannot co-exist with another organisation until the law of the Constitution is changed.”
Prof. Oquaye stated. “If it’s against the law, it’s against the law.”
Also, Justice Srem Sai, the Deputy Attorney-General and Minister for Justice, has disclosed that the Attorney-General’s Department is ready to grant the Office of the Special Prosecutor authorisation to prosecute.
The Deputy Attorney-General and Minister for Justice highlighted that the Attorney-General’s Department will grant the OSP authorisation to prosecute cases if a formal request is made.
Justice Srem Sai also dismissed suggestions of tension between the two institutions.
He emphasised that the Attorney-General’s office remains open to collaboration in the fight against corruption.
Speaking on JOY FM’s Super Morning Show on Friday, April 17, explained, “Why not, why won’t we grant them the authorisation when they apply for it?”
Watch the video below: