Former Legal professional Normal Godfred Yeboah Dame has refuted claims that the Workplace of the Particular Prosecutor (OSP) lacked the mandatory authorized powers, claiming that in his tenure underneath the rapid previous New Patriotic Celebration (NPP) authorities, he personally granted the Workplace of the Particular Prosecutor (OSP) the authority to prosecute instances.
stated in an interview with Evans Mensah. justice and politics program of pleasure information Dame defined that part 4 of the OSP Act (Act No. 959) clearly acknowledges the ability of the Legal professional Normal to authorize prosecution by the OSP, and that this provision is per part 88 of the Structure.
“There isn’t a battle between the OSP Act and the Structure. There’s a prerogative of the Legal professional Normal to authorize prosecution, and OSP can solely prosecute with that authorization,” he stated.
He additional clarified that the query of whether or not OSP is permitted is a authorized query, not a constitutional query.
He pointed to legislative paperwork, significantly LI 2374, the Particular Procedures (Prosecution) Rules, which explicitly delegate prosecutorial powers to the Particular Prosecutor.
“Even when the delegation is deemed inadequate, all of the legal professional normal has to do is execute the empowering instrument. That could be a easy, five-minute job,” Dame added.
In accordance with the previous AG, his tenure additionally included situations wherein he personally executed enforcement paperwork that authorize people to prosecute instances on behalf of state businesses such because the Forestry Fee, the Environmental Safety Company (EPA), and OSP.
He asserted that comparable measures may simply be taken to function OSP successfully.
Dame criticized the present authorities’ obvious reluctance to grant OSP the mandatory powers, suggesting that this has led to judicial challenges aimed toward weakening OSP.
“The ethical conclusion is evident: the unwillingness to train the mandatory powers reveals an absence of curiosity in guaranteeing the functioning of the particular prosecutor and preventing corruption,” he stated.
The previous Legal professional Normal additionally expressed frustration that civil society and the media generally relied on a single perspective when assessing authorities actions towards corruption, noting that this might distort the general public’s understanding of OSP’s mission and features.
Dame’s feedback come amid ongoing debate over the particular prosecutor’s authorized authority to independently prosecute instances, and the federal government faces elevated scrutiny over its function in facilitating or limiting the particular prosecutor’s work.
In April 2026, the Accra Excessive Courtroom dominated that OSP can not independently prosecute instances with out the Legal professional Normal’s permission, and the same problem to OSP’s independence to prosecute instances with out the Legal professional Normal’s categorical permission is pending within the Supreme Courtroom.
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