Legal expert clarifies the limits of the Special Prosecutor's police powers in Ghana.
In a recent Facebook post, renowned legal scholar Prof Kwaku Asare, known as 'Kwaku Azar', shed light on a critical aspect of the Office of Special Prosecutor's (OSP) authority, dispelling misconceptions about its police powers. He emphasized that the OSP's police powers are not as extensive as some might assume, and are strictly confined to corruption cases.
But what does this mean in practice?
According to Kwaku Azar, while Section 28 of the OSP Act grants police powers to the Special Prosecutor and authorized officers, the scope of these powers is defined by the OSP's mandate under Act 959. This means that the OSP can exercise powers like arrest, search, and detention, but only in cases of corruption and corruption-related offenses.
And here's where it gets controversial...
Kwaku Azar's interpretation challenges the notion that the OSP can act as a full-fledged police service. He argues that the OSP's jurisdiction is limited to bribery, procurement breaches, influence-peddling, and other corruption schemes. Any action taken outside this remit, such as arresting or detaining individuals for non-corruption-related offenses, is deemed unlawful and beyond the OSP's authority.
The scholar uses a colorful analogy, stating that the OSP is 'an anti-corruption crab, not a general-policing bird,' highlighting its specialized role. This clarification is particularly relevant in light of recent incidents, such as the clash between Kpebu and a soldier, where the OSP's authority has been questioned.
A thought-provoking question: Is it practical to have a law enforcement agency with such a narrow focus, or should the OSP's powers be expanded to address a broader range of crimes? Share your thoughts in the comments!
