Former Chairman of Parliament’s Constitutional and Legal Affairs Committee, Inusah Fuseini, has clarified that the Office of the Special Prosecutor (OSP) was not established as a fully independent prosecutorial body and remains structurally linked to the Attorney General (AG).
Speaking on JoyNews’ The Pulse on Tuesday, April 21, Alhaji Fuseini said there is often a misunderstanding about the legal nature of the OSP, stressing that while the office is insulated from interference, it is not completely independent of the Attorney General.
“We did not establish an office of an independent Special Prosecutor. The OSP is not independent of the Attorney General, but it is insulated from interference under the provisions of the law,” he said.
He explained that the legal framework governing the OSP was intentionally designed to balance accountability and autonomy within Ghana’s constitutional system.
According to him, the Attorney General plays a role in the nomination process of the Special Prosecutor, who is then forwarded to the President and subsequently vetted and approved by Parliament.
The former Tamale Central MP said this arrangement was crafted to prevent a purely partisan appointment process while ensuring institutional checks and balances.
He warned that any arrangement that weakens these safeguards or creates excessive dependence on the Attorney General could undermine the effectiveness of the anti-corruption mandate of the OSP.
“If there is too much control, it becomes interference. And interference can lead to selective prosecution, which defeats the purpose for which the office was created,” he cautioned.
Mr. Fuseni further noted that maintaining the integrity of the OSP is critical to sustaining public trust in Ghana’s fight against corruption, particularly in ensuring equal application of the law regardless of political affiliation.
His comments come amid ongoing public debate about the scope, autonomy, and effectiveness of the Office of the Special Prosecutor within Ghana’s legal and governance framework, at a time when the OSP and the Attorney-General (AG) are engaged in a perceived prosecutorial power struggle.
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