The Office of the Special Prosecutor has returned to the centre of national debate, this time over questions of effectiveness and recent controversy. 

Tensions rose after the arrest of lawyer Martin Kpebu for what the office described as “obstructing an officer in the lawful execution of their duties”. 

Mr. Kpebu has in recent weeks criticised the Special Prosecutor, Kissi Agyabeng, for failing to prevent former Finance Minister Ken Ofori Atta from leaving the country. He now argues that the difficulty in securing Mr Ofori Atta’s extradition is grounds for the removal of Mr Agyabeng. 

Given his vocal position, the arrest has generated suspicion about the motives of the Office.

These concerns quickly reached parliament. Both the Speaker and the Majority Leader questioned the effectiveness of the Special Prosecutor and the relevance of the institution to the fight against corruption. 

What began as an effort to replace the Special Prosecutor, with 3 petitions already before the Chief Justice and an additional petition reportedly being prepared by Mr Kpebu, has widened into what appears to be a bipartisan call to consider scrapping the office entirely.

The OSP was created in 2018 as Ghana’s focal institution for corruption and corruption related offences. It draws its prosecutorial powers from the Attorney General, which allows the office to prosecute independently. 

The rationale was simple. A specialised institution insulated from political influence, led by a Special Prosecutor with a 7 year nonrenewable tenure, would be better positioned to investigate corruption across successive administrations. 

The fixed tenure was meant to guarantee continuity and limit political pressure during transitions.

Parliament now argues that the substantial resources allocated to the office have yielded little in return. 

From 2018 to the end of 2026, the OSP will have been allocated more than ₵1.18 billion.

For 2026, the office requested ₵310 million but was allocated ₵158 million. 

In comparison, the Economic and Organised Crime Office (EOCO) has received a little over ₵300 million between 2018 and 2026 and CHRAJ has received ₵529 million over the same period. 

The Attorney General’s office has received about ₵2.6 billion, although that amount covers a range of agencies including legal education, the Registrar of Companies, the Law Administration Department and EOCO.

Budget allocations tell only part of the story. 

In practice, the OSP struggled to receive its approved funds. Between 2018 and 2023, the office received just about half of what parliament allocated.

Even when funds were released, operational challenges prevented their effective use. The OSP lacked permanent accommodation, had incomplete staffing and could not undertake procurement because it did not have the required Entity Tender Committee. 

These start up constraints significantly limited the institution’s early performance.

Conditions improved in 2024 when the OSP received 95% of its allocated ₵149 million. The office has since argued that a larger allocation is needed for effective operations. 

Parliament’s committee on legal affairs agreed with this assessment, although fiscal pressures prevented approval of the full amount.

In 2025, the OSP secured its first convictions. There are now 7 in total, although 6 arise from a single payroll fraud case. 

The seventh relates to the trial involving Charles Bissue, former secretary of the Inter Ministerial Committee on Illegal Mining. One of the accused persons in that case secured a plea bargain and is reportedly cooperating with prosecutors in the continuing proceedings against Mr Bissue.

• Read Also: OSP secures first convictions since its creation seven years ago

These outcomes have not met public expectations. When the OSP was created, many Ghanaians anticipated high profile convictions. 

Several such cases are now at different stages in the OSP’s pipeline. These include matters involving former Finance Minister Ken Ofori Atta, the controversial GRA and SML contract linked to former Commissioner Ammishaddai Owusu Amoah and the former NPA Chief Executive Dr Mustapha Abdul Hamid. 

Until such cases reach clear outcomes, criticism of the office will continue.

Whether the OSP survives the current pressure will depend on parliament’s next steps, especially given the ruling NDC’s super majority and a Majority Leader who has stated his position openly. 

The institution was created to strengthen the fight against corruption. It now faces the prospect of abolition before having the opportunity to demonstrate what it can achieve when fully resourced and fully operational.