Private legal practitioner Alexander Abban has asserted that Ghana’s Constitution leaves no ambiguity about who holds prosecutorial authority, insisting that the Attorney General remains the central figure in all criminal prosecutions.
Speaking on the Asaase Breakfast Show on Friday (10 April), Abban said Article 88 of the 1992 Constitution clearly vests prosecutorial discretion solely in the Attorney General.
“There is no ambiguity at all. The discretion to prosecute or not lies solely within the Attorney General,” he stated.
OSP dependent on AG’s ‘fiat’
Abban explained that while the Office of the Special Prosecutor (OSP) was designed to operate with some independence, its powers are still legally tied to the Attorney General’s approval.
“The Special Prosecutor can only act with the fiat of the Attorney General. Without that, he is powerless,” he said.
According to him, the law establishing the OSP was deliberately crafted to align with constitutional provisions, even if that limited its operational autonomy.
“We knew we could not override Article 88, so the law made the OSP subject to the authority of the Attorney General,” he explained.
Law not unconstitutional, but practice may be
Abban rejected claims that the OSP Act itself is unconstitutional, arguing instead that any legal issues would stem from how the office exercises its powers.
“The law itself may stand, but if the Special Prosecutor acted without proper authorization, then those actions could be declared unlawful,” he noted.
He warned that such a scenario could have far-reaching consequences.
“What happens to cases prosecuted without fiat? What about recovered funds or convictions? These are issues the Supreme Court may have to address,” he added.
Political context and anti-corruption fight
Abban also suggested that politics continues to influence Ghana’s anti-corruption institutions, raising concerns about consistency in enforcement.
“If we are political, there will always be scandals. Fighting corruption requires more than creating institutions—it requires a change in attitude,” he argued.
Broader constitutional implications
He noted that the ongoing legal challenge goes beyond the OSP and could redefine the limits of Parliament in creating independent bodies.
“Any institution Parliament creates must be consistent with the Constitution. If not, it has no effect,” he said.
While calls for constitutional amendment have emerged, Abban cautioned that legal reforms alone will not solve Ghana’s corruption challenges.
“It is not just about amending laws. If we do not remove political interference, we will not achieve anything,” he concluded.
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