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
-
When Blame Misses The Target: A Sarcastic Football Philosophy on Nigeria vs Morocco
3 minutes -
Importers and Exporters warn Smart Port Note could cost Ghanaian households €382.8m annually
11 minutes -
Solo comic host key to best TGMA experience – Ebenezer Dwomoh
18 minutes -
Health minister spearheads talks to strengthen Agenda 111 implementation
22 minutes -
Serge Ibaka and Afrikicks engage CAF, GFA leadership on African football development
25 minutes -
CSA orders cybersecurity firms, professionals to legalise operations by January 31
26 minutes -
Vice-President expresses concern over rise in drug abuse among young people
37 minutes -
Former Black Queens forward Samira Suleman appointed Hasaacas Ladies Technical Advisor
37 minutes -
Minority demands removal of NaCCA boss, board chair over ‘gender identity’ content in SHS manual
39 minutes -
Bank of Ghana faces questions of misreporting to the IMF on Gold for Reserves losses
40 minutes -
Ghana to admit Burkina Faso students into public universities under capped-fee scheme
47 minutes -
6 arrested in Juaso robbery and gang rape incidents
51 minutes -
Ex-MP urges private sector participation to improve state transport efficiency
55 minutes -
GPRTU seeks police, government support to curb unapproved fares
55 minutes -
Fire ravages parts of Kpone Market, eleven structures destroyed
56 minutes
