Article 88(4) empowers OSP to act independently - Davis Opoku Ansah

Davis Opoku Ansah, the Member of Parliament for Mpraeso, argued on Thursday, April 16, in a Facebook post, that Article 88(4) of the 1992 Constitution empowers the Office of the Special Prosecutor (OSP) to prosecute corruption-related offences without requiring case-by-case authorisation from the Attorney-General. He noted, "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."

Mr. Opoku Ansah stated that Parliament acted within its constitutional remit when it established the Office of the Special Prosecutor through Act 959. He described Act 959 as the statutory framework envisioned under Article 88(4). He also raised concerns over recent judicial interpretations involving conflicting High Court positions on OSP prosecutions, warning that such inconsistencies risk undermining the fight against corruption.

Mr. Opoku Ansah concluded that the OSP remains lawfully empowered to operate within its mandate unless otherwise determined by the Supreme Court. He added, "Until the Supreme Court rules otherwise, the OSP remains fully empowered to prosecute within its mandate."