Efforts to whittle down OSP powers undermine anti-corruption fight – Sulemana Braimah

The Executive Director of the Media Foundation for West Africa (MFWA), Sulemana Braimah, has raised concerns over what he describes as efforts to whittle down the powers of the Office of the Special Prosecutor (OSP), warning that such moves could undermine Ghana’s anti-corruption fight. His remarks add to growing national debate over the independence and authority of key accountability institutions.

Speaking on Joy FM’s Super Morning Show on Thursday, April 16, he said recent developments surrounding the OSP’s mandate create uncertainty for ongoing corruption cases and risk weakening public trust in accountability institutions. The programme, widely followed across the country, has become a key platform for discussing governance and policy issues.

He cautioned that the situation should not be treated lightly, stressing the broader implications for governance and justice. According to him, any erosion of institutional authority in the anti-corruption space could have long-term consequences for democratic accountability.

“Any attempt, direct or indirect, to weaken the effectiveness of the OSP is worrying for the fight against corruption in this country,” he stated.

Mr Braimah’s comments follow a High Court ruling in Accra on Wednesday, presided over by John Eugene Nyadu Nyante, which held that while the OSP can investigate corruption-related offences, it does not have constitutional authority to independently prosecute cases under Article 88 of the 1992 Constitution. The interpretation of Article 88 has historically placed prosecutorial authority primarily within the Office of the Attorney General, raising questions about how independent bodies like the OSP operate within that framework.

The ruling, which arose from a quo warranto application filed by Peter Achibold Hyde, has cast doubt over several ongoing prosecutions by the OSP, with legal observers suggesting it could stall cases pending further judicial clarification. Analysts warn that such delays could affect high-profile corruption cases and potentially weaken deterrence efforts.

In response, the OSP has defended its mandate, insisting that its enabling legislation—the Office of the Special Prosecutor Act—clearly empowers it to investigate and prosecute corruption-related offences. The office maintains that limiting its prosecutorial authority would significantly reduce its effectiveness and independence.

The development has sparked broader public and legal discourse, with some experts calling for a definitive interpretation by higher courts or possible legislative amendments to clarify the scope of the OSP’s powers. Others argue that maintaining a strong and independent anti-corruption body is essential for strengthening governance, investor confidence, and the rule of law in Ghana.