OSP prosecutorial power controversy was settled before law was passed - Kofi Bentil

Kofi Bentil, Senior Vice President of IMANI Africa and lawyer, rebuffed the recent controversy surrounding the Office of the Special Prosecutor (OSP) and its prosecutorial powers, stating that the issue was resolved long before the Special Prosecutor Act was passed. Speaking on JoyNews' Newsfile programme on Saturday, April 18, Bentil outlined his position, stressing that the debate over the OSP's authority was rooted in principle and had been settled through a robust legislative process. According to Bentil, "When you encounter a superior argument, you abandon yours. It doesn't make you a fool; it makes you better."

Bentil addressed criticism over his reference to Dr Dominic Ayine as "his brother," emphasizing that the issue was not personal but a matter of legal and constitutional principle. He stated, "I've known Dr Ayine for 30 years, and while we may disagree, it's not a fight, it's a matter of principle." Bentil argued that the Attorney-General's monopoly over prosecutorial authority was a major obstacle in the fight against corruption and that the creation of the OSP was a necessary reform to bypass this bottleneck. He added that the establishment of the OSP was driven by the need for a more independent and effective mechanism to combat corruption.

Bentil maintained that there is no ambiguity regarding the OSP's legal powers, pointing to Section 4 of the Special Prosecutor Act, which he said clearly defines the authority of the office. He said, "There is no controversy here...Section 4 of the law clearly gives the Special Prosecutor the authority needed to perform their duties. Those who are resurrecting this issue now are simply trying to achieve a particular goal by stirring confusion."