Bentil Defends OSP as Manasseh Azure Raises Credibility Concerns Over SML Claims

Lawyer Kofi Bentil insists Ghana needs the Office of the Special Prosecutor despite growing criticism, even as investigative journalist Manasseh Azure Awuni highlights procedural irregularities and contradictory claims that raise serious questions about the office’s credibility. The contrasting perspectives emerged during separate television appearances this week.

Speaking on TV3’s Key Points on Saturday, December 6, Bentil defended the anti corruption institution against calls for its abolition. According to 3News, Bentil stated that politicians never liked the OSP from the beginning but the country needs the office. He argued that the institution was created after extensive public deliberation and should not be abandoned because of concerns about its current performance under Special Prosecutor Kissi Agyebeng.

Bentil acknowledged the OSP’s controversial actions, particularly the recent arrest of private legal practitioner Martin Kpebu on December 3, which he described as legally questionable. However, he maintained that structural problems within Ghana’s prosecution system necessitate an independent anti corruption body. The IMANI Africa senior vice president proposed broader legal reforms including separating the roles of Attorney General and Solicitor General to reduce political influence in criminal prosecutions.

Meanwhile, Manasseh Azure Awuni raised significant doubts about the OSP’s handling of investigations during his appearance on JoyNews Newsfile. The journalist pointed to major discrepancies in claims surrounding the Strategic Mobilisation Ghana Limited contract investigation, particularly assertions by OSP Director of Strategy and Communication Sammy Darko that the office saved Ghana $2.7 billion.

Manasseh revealed he spoke directly to Special Prosecutor Kissi Agyebeng about the inflated figure. He told Agyebeng that the entire five year SML contract was worth slightly over $500 million, questioning where the $2.7 billion savings claim originated. Documents he reviewed, including a Public Procurement Authority letter, did not support the higher figure. The OSP website has since reverted to the $500 million figure Manasseh originally cited.

The investigative journalist also questioned procedural aspects of the SML investigation. He disclosed that OSP officials contacted him on January 29, 2025, regarding a petition he filed to investigate SML, stating they wanted to understand the petition before beginning their investigation. Manasseh noted that the first entry in the OSP’s diary of actions was recorded that same day at 12:40 p.m., showing that persons of interest are identified at preliminary investigation stages.

However, Manasseh observed that key figures he targeted in his original petition were not involved in the evidence ultimately presented by the OSP. He emphasized that such inconsistencies make it difficult to accept everything the office claims without verification, particularly for an institution of this nature dealing with corruption allegations involving high profile officials.

The SML case has dominated public attention for months. The OSP investigation into revenue assurance contracts between the Ghana Revenue Authority and SML led to charges in November 2025 against former Finance Minister Ken Ofori Atta and seven others on 78 counts of corruption related offences. The charges include conspiracy to influence procurement processes and obtain unfair advantages in contract awards.

Manasseh’s investigative work initially exposed the SML arrangements in early 2024, prompting public outcry and eventual government termination of the contracts. His reporting detailed how SML secured lucrative deals across multiple sectors including petroleum downstream operations, ports, mining and upstream oil drilling. According to Manasseh’s findings, the consolidated October 2023 agreement entitled SML to over $500 million for the initial five year term with options for renewal.

The debate over the OSP’s future intensified following its November 26 decision to arrest and briefly detain Martin Kpebu after he filed corruption allegations against Kissi Agyebeng himself. Bentil criticized that action as improper, stating the OSP had zero jurisdiction to arrest Kpebu and arguing that making allegations against public officers is not a crime. He stressed that the OSP must remember it is a public office created to serve citizens, not intimidate or suppress them.

Despite his criticisms of specific OSP actions, Bentil maintains the institution represents necessary progress in Ghana’s fight against corruption. He warned that scrapping the office would reverse anti corruption gains and urged policymakers to keep moving forward rather than change course with every problem. Bentil described the OSP as a work in progress that requires continued development and oversight.

The Special Prosecutor has defended the office’s actions as lawful and necessary while dismissing criticism as misleading. OSP officials maintain they operate within their legal mandate under the Office of the Special Prosecutor Act and are committed to tackling high level corruption effectively.

Legal observers note the controversy highlights fundamental tensions between anti corruption enforcement and constitutional protections for fair process and civil liberties. The debate continues as Ghanaians assess whether the OSP model requires reform or whether current challenges stem from implementation issues rather than structural flaws in the institution itself.