On November 25, 2025, I wrote and published an article on Myjoyonline, urging Ghanaians not to sabotage the Office of the Special Prosecutor (OSP). My views were strictly aimed at protecting and strengthening the office beyond the individuals who lead it.

I have read and listened to the OSP's Director of Strategy, Research and Communications, Sammy Darko, regarding Wednesday's brief arrest and detention of private legal practitioner Martin Kpebu. I have also listened to Kpebu’s full explanation of the event.

Read Also: Afanyi Dadzie Writes: Ghana Must Not Sabotage the Office of the Special Prosecutor

There is no doubt that people have already taken sides or hold prejudices, and it is easy to form opinions based solely on what transpired yesterday, even after hearing explanations from both parties.

However, any objective person will admit that, at this point, until a full recording of the events at the OSP is made available, it is a matter of each side’s word against the other. I will therefore not pass judgment on who is right or wrong.

That said, I am particularly interested in the legal discussion around the OSP’s powers. I am neither a lawyer nor a law student, but based on my reading from a respected legal luminary, Prof Kwaku Azar and a straightforward understanding of a portion of the OSP law, it appears the OSP may have overstepped its boundaries.

Prof Azar argues that, although the OSP has police powers, its authority to arrest is strictly limited to corruption and corruption-related offences. If this interpretation holds, then the offence Kpebu is accused of—obstruction of duty—falls within the jurisdiction of the Ghana Police Service, not the OSP. In such a case, the OSP perhaps should have handed the matter over to the Police Service, since it does not fall within its mandate.

I would welcome further discussion or analysis on this legal argument propounded by Prof Azar.

Beyond the legal perspective, however, this episode does not reflect well on the OSP in the court of public opinion.

For a person who has been vocal in demanding accountability and pushing for leadership changes within the office, it is clear that he already holds significant sway in shaping public perception. His actions, and those of others, have undoubtedly fueled negative sentiments toward the OSP.

It is therefore unwise to allow such incidents to occur, as they feed negative perceptions and sensationalism. This individual appears to have a strong media influence and understands how to deploy it to his advantage. On any given day, he is likely to win the media or public opinion battle, even if he loses legally.

In a democracy, the court of public opinion often delivers its verdict long before the law gathers its evidence. As Wendell Phillips observed: “Law is nothing unless close behind it stands a warm living public opinion.”

Indeed, “Noise is not proof, and popularity is not justice. The legitimacy of a democracy rests not in public outrage, but in lawful resolution.”

For an agency whose leader is already facing multiple petitions forwarded to the Chief Justice, extreme caution is required, even while executing its lawful mandate.

Protecting the integrity of the OSP, and by extension, public trust, must remain paramount.

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The Writer, Ebenezer Afanyi Dadzie, is an Assisting Editor at Joy News. The views expressed here are solely his and do not reflect the position of the organisation.

Email: enadadzie@gmail.com

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