Audio By Carbonatix
Vice-President of IMANI Africa, Kofi Bentil, says while the Office of the Special Prosecutor (OSP) must operate with boldness, its actions must still be guided by the Constitution particularly the principle of presumption of innocence.
Speaking on JoyNews’ Newsfile on Saturday, June 7, Mr Bentil expressed support for the OSP’s firm approach to fighting corruption but warned against methods that could undermine constitutional rights.
“The Special Prosecutor, who we all worked to establish, is doing what I think is fair work,” he said. “Somebody may say maybe he is being too aggressive, he necessarily must be aggressive. We asked for that.”
Mr Bentil explained that the courts themselves had previously endorsed such an approach. “When OccupyGhana went to court, the Supreme Court said under the circumstances this country finds itself in, people who are given government power to do things like surcharges, disallowance, and fight corruption must even consider discretion as a duty,” he added. “In other words, given the situation we are in, it’s good to have an aggressive Special Prosecutor so in that sense, we support him.”
However, Mr Bentil raised concerns about some aspects of the law underpinning the OSP’s operations. He said the Constitution is clear about the limits of law enforcement powers and how citizens must be treated during investigations.
“If you read Articles 14 and 19, you will see that the presumption of innocence is fundamental,” he stressed. “The Constitution is very careful; you shall not arrest the person ‘shall not’ except under A, B, C, D.”
He argued that a person refusing to submit to investigation does not give any institution the right to declare them wanted.
“It is not constitutional for any institution to declare a person wanted because they did not submit themselves to investigation,” Mr Bentil said. “Why I am saying so is, again, if you read Article 14, the presumption of innocence is fundamental, and it says you should not portray the person as if he is convicted.”
Rather than issuing a wanted notice, he believes the OSP has other legal avenues it can explore.
“If you’re OSP, you’re aggressive or whatever, you invite somebody and the person says he won’t come, arrest him,” he suggested. “If you cannot arrest or for some circumstance he is refusing or whatever it is, proceed to court and try him in absentia. Or, as we do it, bench warrant, go before a court and explain exactly why. It should only be a court that declares a person wanted.”
Latest Stories
-
Australian-based audiologist donate hearing aids to Ghanaians in need
3 hours -
MobileMoney Fintech Ltd enhances regulatory compliance to protect customers and strengthen reliable agent network
3 hours -
Deborah Okailey Quarcoo: Are girls born to have dreams or just to marry
4 hours -
Sanity is your greatest asset – Alsale CEO Nana Boakye Kanto urges Ghanaians
4 hours -
GRA applauds KGL Group for paying GH¢153m in taxes, urges nationwide compliance
4 hours -
Ghana to host 30-man Zambian delegation to forge FinTech and cybersecurity alliances
4 hours -
Pilot International charters historic 1st club in Africa; launches Pilot International Club of Accra, Ghana
4 hours -
Canadian High Commissioner warns World Cup ticket does not guarantee Visa
4 hours -
Ghana to open diplomatic mission in Singapore to boost trade, investment and cooperation
4 hours -
I don’t want to die without a trace – Alsale CEO Nana Boakye Kanto on building a legacy
4 hours -
Ghana, Italy deepen cybersecurity cooperation to safeguard digital future
5 hours -
Communications Minister explores partnership with Code Raccoon to boost digital training
5 hours -
FirstBank Ghana holds maiden edition of SME Connect Workshop
5 hours -
Communications Minister holds talks with Ugandan delegation on continental parliamentary conference
5 hours -
Honouring 51 Years of Legal Excellence: Mr. Tsatsu Tsikata, Ghana’s King of Law, and the Voice of Justice
5 hours