Scrap OSP, strengthen Attorney-General’s office-Sam Okudzeto

Former President of the Ghana Bar Association, Sam Okudzeto, has questioned the relevance of the Office of the Special Prosecutor (OSP), arguing that it has not delivered on the mandate for which it was established and has failed to curb entrenched corruption in the country.

Speaking on JoyNews’ PM Express on 8 December, he said the first issue Ghanaians should confront is whether the institution has met the objectives that justified its creation.

He described corruption as being pervasive across public institutions, saying officials openly demand money for services even when citizens have already fulfilled the required payments. “Everywhere you turn in every institution, you see it openly… People are no longer even afraid,” he said.

Mr Okudzeto rejected the idea that the solution lies in abolishing corruption-specific institutions alone, but insisted that the core problem is an overlap of functions between the OSP and the Attorney-General’s Department.

He noted that the Attorney-General already supervises a prosecutorial structure with clear responsibility for all criminal matters, including corruption.

“What is the Director of Public Prosecution supposed to do? He’s supposed to prosecute criminal offences which will include corruption, corruption-related. There is nothing which makes corruption any more different from any other crime. We have a Director of Public Prosecution, that is his job. Why do you create another institution to do the same job? That’s the whole issue.”

Responding to the argument that the OSP was conceived as a special-purpose tool to fight corruption, Mr Okudzeto said the model diverges from international practice.

He urged critics to “go and search and ask where and where do we have that kind of institution,” suggesting that the country should rather focus on resourcing and empowering its existing prosecutorial structures.

Citing examples, he pointed out that the Prime Minister of the United Kingdom previously served as Director of Public Prosecutions and earned a knighthood in that role. He also referenced Justice D. F. Anang, who later became Speaker of Parliament after serving as Director of Public Prosecutions.

Aligning himself with voices calling for the OSP to be scrapped, Mr Okudzeto said the more sustainable route is to strengthen the Attorney-General’s office and its prosecutorial machinery.

He questioned the wisdom of building an entire agency around a single office-holder whose track record in such a specialised role may not be fully tested. “What is his background… of that individual? If I am going to try and select one of the top legal luminaries and say that I’m giving him that, [it is] just a different thing,” he said.

Mr Okudzeto warned that creating new bodies without adequately training and embedding the people who are supposed to lead them can pose systemic risks.