Audio By Carbonatix
Government spokesperson Felix Kwakye Ofosu says the ongoing Supreme Court case involving the Office of the Special Prosecutor (OSP) could significantly shape how the anti-corruption body operates in future.
Speaking on PM Express on Monday, the Abura Asebu-Kwamankese MP rejected claims that the Mahama administration was secretly working to weaken or abolish the OSP.
“Absolutely not,” he said when asked whether there was a coordinated resolve within government to kill the Office of the Special Prosecutor.
According to him, the clearest proof of government’s support for the OSP was the decision by President Mahama to stop an earlier attempt by members of the Majority in Parliament to scrap the office.
“You record that out of the blue, the majority leader and the majority chief whip tabled a bill in parliament to scrap the office of special prosecutor,” he stated.
“The president prevailed on the majority leader and the majority chief whip to give the special prosecutor a chance.”
Felix Kwakye Ofosu said if government truly wanted the office dissolved, the Majority at the time had enough numbers in Parliament to push the bill through easily.
“All it required was for a certificate of emergency to be invoked, and all members of the majority will be whipped in line to support the bill,” he said.
He explained that the current legal controversy stemmed from constitutional questions raised by individuals challenging the Special Prosecutor's authority to prosecute cases without prior approval from the Attorney General.
According to him, one court had already upheld arguments that the Special Prosecutor must obtain authorisation from the Attorney General before prosecuting certain offences.
He stressed that respecting such rulings was part of upholding the rule of law.
“If the judiciary, which is another arm of government clothed with the authority to pronounce on laws and what they mean, sees that the special prosecutor is acting in violation of the Constitution, that should be respected,” he stated.
Felix Kwakye Ofosu also defended the Attorney General’s role in the matter, insisting that the AG was only performing his constitutional duty by stating what he believed to be the correct legal interpretation before the Supreme Court.
“The attorney general is bound to take the position of the law,” he said.
He noted that the Supreme Court would ultimately determine whether the OSP's current operational structure complies with the Constitution.
“If the Supreme Court decides, the way that our constitutional and legal arrangements work, it becomes binding on all parties,” he explained.
He added that any constitutional defects identified by the apex court could later be addressed through Ghana’s constitutional review process.
“Perhaps we can take advantage of this constitutional review process to correct that,” he said.
Felix Kwakye Ofosu insisted that President Mahama still fully supports the OSP's existence.
“The special prosecutor’s office has the president’s full and absolute backing,” he declared.
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