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
-
Reasonable Ghanaians approve of Ato Forson’s management of economy – NEIP CEO
25 minutes -
Calls for justice over Ghanaians’ deaths in South Africa consistent with international diplomacy – Antwi-Danso
26 minutes -
Farmerline, others support farmers in Weta and Avalavi following flood devastations
1 hour -
Yara Ghana introduces two crop-Specific fertiliser solutions to improve farmers’ yields
1 hour -
Asiedu Nketia’s lead fuelled by NPP support; Ato Forson holds edge among floating voters — Mussa Dankwah
1 hour -
Chief of Staff urges lifelong learning after earning doctorate
1 hour -
First-time contenders Enyan Denkyira SHTS snatches final Central region ticket to qualify for nationals
1 hour -
Cape Verde’s Lopes Cabral’s goal wins Goal of the Tournament at 2026 World Cup
2 hours -
GWL MD inspects water plants as GH¢8.4m GoldBod rehabilitation project begins
2 hours -
Chief of Staff credits family, mentors and Kwahu traditional leaders for successful PhD journey
2 hours -
No court sittings in Greater Accra on July 28 and 31 as Judiciary marks Supreme Court’s 150th anniversary
2 hours -
Illegal miners operate near Mpohor Fiase police station as communities plead for gov’t intervention
2 hours -
Foreign Affairs Ministry approves 623 free passport replacements for June 29 flood victims
2 hours -
Vice President urges Ghanaian diaspora to invest in value addition, help transform economy
2 hours -
NPP’s ‘future is pregnant’ slogan doesn’t scare us — NEIP CEO
2 hours