Private legal practitioner and law lecturer David Olaga has called for the scrapping of the Office of the Special Prosecutor (OSP), arguing that its prosecutorial functions can be effectively performed by a properly resourced Office of the Attorney-General.
Speaking on Gold Morning Conversation, Mr. Olaga also criticised the OSP’s practice of publicly naming individuals as “persons of interest” at the preliminary stages of investigations, describing the approach as premature and improper.
He accused Special Prosecutor Kissi Agyebeng of increasingly resorting to media briefings on matters under investigation instead of allowing the investigative and judicial processes to take their course.
Mr. Olaga explained that being designated a “person of interest” does not make an individual an accused person or necessarily a suspect, nor does it establish wrongdoing.
“Legally, that is perceived to be an investigative expression, which means that there’s an allegation or a scandal, and certain people might have information. It does not mean that those people are accused persons or they are suspects in that matter,” he explained.
He referenced Article 19(2)(c) of the 1992 Constitution, which guarantees the presumption of innocence until a person is proved guilty or has pleaded guilty.
Mr. Olaga therefore questioned the propriety of holding a press conference to publicly identify individuals while investigations and formal interrogations were still ongoing.
“The press conference held by the OSP was needless because this is the time they are telling us that individuals have been identified and invited. As it is right now, nothing has been done. In my opinion, this is premature, and I don’t think it’s proper,” he said.
He also criticised the Special Prosecutor’s public complaints about alleged threats and inadequate institutional support, arguing that such concerns should be addressed through the appropriate statutory and security channels.
Mr. Olaga cited former Special Prosecutor Martin Amidu, who resigned from office, arguing that an officeholder who believes circumstances make it impossible to effectively discharge his mandate has the option of stepping down.
“If you think that your appointor is not giving you all the cooperation, just lay down your tools. Martin Amidu once occupied that position and came out to say that he was laying down his tools. Finally, he resigned,” he stated.
Turning to the continued existence of the OSP, Mr. Olaga maintained that Ghana could strengthen the Office of the Attorney-General instead of maintaining a separate anti-corruption prosecutorial institution.
He pointed to Article 88 of the Constitution, which vests responsibility for the initiation and conduct of criminal prosecutions in the Attorney-General, subject to the Constitution.
“The earlier we scrap that thing, the better for us as a country. The Attorney-General has the right to do all that these people are doing. Let’s get more people into the Office of the Attorney-General and have more productive investigative work in this country,” he concluded.
