The Member of Parliament for Mpraeso, Davis Opoku Ansah, has asserted that Article 88(4) of the 1992 Constitution clearly empowers the Office of the Special Prosecutor (OSP) to prosecute corruption-related offences without requiring case-by-case authorisation from the Attorney-General.
In a Facebook post on Thursday, 16 April, Mr Opoku Ansah argued that the constitutional provision was deliberately crafted to enhance prosecutorial efficiency and prevent unnecessary delays within the justice system.
“Article 88(4) of the 1992 Constitution is not ambiguous. It states that prosecutions may be conducted by the Attorney-General or any other person authorised by him in accordance with any law,” he stated.
He further maintained that Parliament acted within its constitutional mandate in establishing the Office of the Special Prosecutor through the Office of the Special Prosecutor Act, 2017 (Act 959), describing it as the statutory framework envisaged under Article 88(4).
“That Act is the very law contemplated by Article 88(4). It provides a standing, institutional framework for prosecutorial authority,” he explained.
Mr Opoku Ansah also expressed concern over recent judicial developments involving differing High Court interpretations on the OSP’s prosecutorial powers. He warned that such inconsistencies could undermine efforts to combat corruption by enabling procedural delays.
“What we are witnessing is deeply troubling. It risks creating a precedent where corruption cases are stalled through procedural manoeuvres,” he cautioned.
He concluded that the Office of the Special Prosecutor remains lawfully empowered to carry out its mandate unless the Supreme Court determines otherwise.
“The law must not become a shield for impunity. Until the Supreme Court rules otherwise, the OSP remains fully empowered to prosecute within its mandate,” he added.
