Rule of law must prevail - Kwakye Ofosu defends gov't position on OSP case

Felix Kwakye Ofosu defended the government's position on the OSP case on Monday on PM Express. He said the Supreme Court case involving the Office of the Special Prosecutor (OSP) could significantly shape how the anti-corruption body operates in future. He rejected claims that the Mahama administration was secretly working to weaken or abolish the OSP, saying "Absolutely not."

Kwakye Ofosu stated that President Mahama stopped an earlier attempt by members of the Majority in Parliament to scrap the office. He said the majority leader and the majority chief whip tabled a bill in parliament to scrap the office of special prosecutor, but the president prevailed on them to give the special prosecutor a chance. He explained that the current legal controversy stemmed from constitutional questions raised by individuals challenging the Special Prosecutor's authority to prosecute cases without prior approval from the Attorney General. According to him, one court had already upheld arguments that the Special Prosecutor must obtain authorisation from the Attorney General before prosecuting certain offences. He also defended the Attorney General's role in the matter, insisting that the AG was only performing his constitutional duty by stating what he believed to be the correct legal interpretation before the Supreme Court.

Felix Kwakye Ofosu noted that the Supreme Court would ultimately determine whether the OSP's current operational structure complies with the Constitution. He said that if the Supreme Court decides, it becomes binding on all parties. He added that any constitutional defects identified by the apex court could later be addressed through Ghana's constitutional review process, saying "Perhaps we can take advantage of this constitutional review process to correct that." He insisted that President Mahama still fully supports the OSP's existence, declaring "The special prosecutor's office has the president's full and absolute backing."