Flash-back: No need for Special Prosecutor’s Office –Kwame Akuffo

Legal Practitioner challenges government’s proposal

A Private Legal Practitioner, Kwame Akuffo, has strongly questioned the government’s plan to establish an Office of the Special Prosecutor, a key campaign promise by the Akufo-Addo administration aimed at intensifying the fight against corruption.

Speaking on Joy FM/MultiTV’s Newsfile on Saturday, July 29, 2017 Akuffo argued that the Constitution gives prosecutorial authority solely to the Attorney-General (A-G), and this power cannot be reassigned at will to another office or individual.

Constitutional Grounds for Opposition

According to Akuffo, the A-G’s department draws its authority directly from the Constitution, and no president or government can “allocate and distribute” these entrenched powers elsewhere.

“The A-G is not a lawyer to the president… She is the legal advisor to the government and owes allegiance to the Constitution,” he emphasized, referencing the current Attorney-General, Gloria Akufo.

Purpose of the Special Prosecutor’s Office

The proposed Office of the Special Prosecutor was expected to investigate and prosecute corruption cases independently, reducing perceptions of political interference. Past prosecutions of public officials have often been criticized as politically motivated, prompting the government to champion a more neutral approach.

President Akufo-Addo has maintained that the office would help eliminate the perception of partisanship in high-profile corruption cases.

Parliamentary Hurdles and Procedural Breaches

The process of establishing the office faced setbacks in Parliament. The Minority raised objections, insisting that the Bill had not met the mandatory 14-day maturity period following its gazetting and publication.

Former Deputy Attorney-General Dr. Dominic Ayine argued that the government breached parliamentary procedure by laying the Bill prematurely, rejecting claims that it qualified as a matter of urgent consideration.

The Committee on Constitutional, Legal and Parliamentary Affairs subsequently ruled that the Bill did not meet the criteria for a certificate of urgency, resulting in its withdrawal.

No Need for a New Office, Strengthen A-G Instead

Kwame Akuffo questioned why the proposed Special Prosecutor should enjoy the same privileges as the Attorney-General when, in his view, the existing legal framework already empowers the A-G to act independently.

He insisted that what Ghana truly needs is a stronger Attorney-General’s office, not a new prosecutorial body. To illustrate his point, he cited the example of former Attorney-General Martin Amidu, who pursued the Woyome case despite opposition from elements within the government under the late President John Mills.

Akuffo argued that with similar resolve and independence, the current Attorney-General could carry out high-profile prosecutions without political influence.

Baako Agrees—Partially

Veteran journalist and political commentator Malik Kweku Baako Jnr, who also appeared on Newsfile, agreed that some of Akuffo’s arguments were compelling. Although Baako supports the establishment of the Special Prosecutor’s Office, he encouraged Akuffo to submit a memorandum to the Attorney-General to refine the proposed legal framework.

“We have lost the battle against corruption almost terminally,” Baako lamented, adding that the new office—if properly structured—could offer Ghana a renewed opportunity to tackle corruption more effectively.