Ace Ankomah proposes merger of Special Prosecutor and Public Prosecutions offices

Ghanaian legal practitioner Ace Ankomah has proposed consolidating the Office of the Special Prosecutor and the Directorate of Public Prosecutions into a new Independent National Prosecutions Authority to remove prosecutorial power from Executive control.

Ankomah, a senior partner at Bentsi Enchill, Letsa and Ankomah, made the comments Friday in a Facebook post amid ongoing political debate over plans in Parliament to scrap the OSP. According to him, a merger would allow Ghana to combine the OSP’s dynamism with the DPP’s calm expertise, describing the two institutions as complementary rather than competing.

He said an independent authority would strengthen accountability while ensuring prosecutions are not influenced by political directives. Ankomah stressed that it is imperative to remove prosecutorial authority from any individual who is part of or receives instructions from the Executive, noting that current arrangements compromise independence.

Calling proposals to abolish the OSP ill advised, Ankomah said the country needs a unified system that preserves the strengths of both bodies. He argued that the new authority should be constitutionally insulated and led by a Director General with powers independent of ministerial interference.

The lawyer explained that prosecutorial independence has been undermined since the late 1950s fusion of the Attorney General and Minister for Justice roles. He noted that Article 88 grants prosecutorial power to the AG, but as a Cabinet member, the AG is politically compromised and cannot exercise truly independent judgment in corruption cases.

Ankomah described the creation of the Office of the Special Prosecutor as a half measure that admits the problem of executive influence, especially in corruption and corruption related offences. However, some legal experts still suggest the OSP creation is inherently unconstitutional, according to him.

He proposed a more robust approach that would remove Articles 88(3) and (4) power of the AG for the initiation and conduct of all prosecutions of criminal offences, and vest that power in a new independent National Prosecutions Authority. The body would handle all criminal prosecutions free from political direction.

The proposal adds a new dimension to wider national conversation over anti corruption reforms. Former MP Ras Mubarak urged Parliament to abolish the OSP and redirect resources to the Attorney General’s Department, arguing that the OSP creation was utterly unnecessary.

Mubarak said what Ghana needs is a properly funded Attorney General’s Department with integrity and delivery capacity. He claimed the OSP’s existence has siphoned resources away from the justice system, leaving the Attorney General’s office underfunded despite being constitutionally empowered to prosecute corruption.

He questioned why Ghana needs an OSP if those with prosecutorial powers are doing their job properly. Mubarak said he feels vindicated yet sad that millions have gone down the drain for nothing, referring to OSP expenditure over several years.

NDC National Chairman Johnson Asiedu Nketiah also called for scrapping the OSP, predicting it would remain ineffective in prosecuting people without constitutional amendments. He suggested the OSP should be abolished and its resources used to separate the Office of the Attorney General from the Ministry of Justice.

Parliament is expected to continue debates on the future mandate of the OSP in coming days as lawmakers consider various reform proposals. The discussions reflect broader concerns about effectiveness of Ghana’s anti corruption institutions and the need for truly independent prosecutorial capacity.

The Office of the Special Prosecutor was established in 2018 under Act 959 in line with the United Nations Convention against Corruption. It is tasked with investigating and prosecuting corruption in public and private sectors, recovering illicit wealth and preventing corruption through Ghana’s gold standard anti corruption framework.

Current Special Prosecutor Kissi Agyebeng has served since 2021, following Martin Amidu’s tenure from 2018 to 2020. The office has investigated several high profile cases including the Cecilia Dapaah matter, the Contracts for Sale exposé involving former Public Procurement Authority CEO Adjenim Boateng Adjei, and most recently cases involving former Finance Minister Ken Ofori Atta.

However, public perception surveys conducted between 2019 and 2022 suggest the OSP establishment has not made significant dent in how citizens perceive the fight against corruption or the level of corruption in the country. Resource constraints and legal limitations have been cited as factors affecting the office’s prosecutorial effectiveness.