Mahama Defends OSP: There is Space for Special Prosecution Powers | Discuss Ghana

In his 2026 May Day address to the nation from Koforidua, President John Dramani Mahama waded into the heated legal debate surrounding the Office of the Special Prosecutor (OSP).

Amidst ongoing constitutional challenges to the office’s existence, the President reaffirmed his government’s stance that a specialized anti-corruption body is not only legal but essential for Ghana's governance.


The Constitutional "Space"

The President addressed recent High Court and Supreme Court discussions regarding whether the OSP infringes upon the traditional powers of the Attorney General.

Prosecutorial Independence: Mahama asserted that the 1992 Constitution allows for the delegation of the Attorney General’s powers. "There is space for an effective OSP with special prosecution powers," he stated, arguing that the office serves as a necessary "check" on high-level corruption that might otherwise be politically sensitive for a cabinet minister (the AG) to handle.

Maturity of the Office: He reiterated his previous stance that the OSP is still in its "formative years" and should be strengthened rather than scrapped.

The "Reset" Strategy: As part of his "Resetting Ghana" agenda, Mahama promised to shield the OSP from political interference, ensuring it has the autonomy to prosecute cases without waiting for a "green light" from the executive.


New Anti-Corruption Measures

Beyond defending the OSP, the President announced a wave of new accountability reforms:

New Asset Declaration Regime: A bill will soon be sent to Parliament to make asset declaration more transparent and verifiable.

Special Auditor-General Courts: Mahama announced the establishment of new High Courts dedicated solely to prosecuting individuals indicted in the Auditor-General’s reports.

Strengthening SIGA: He hinted at constitutional amendments (based on the 2025 Constitutional Review Committee recommendations) to turn the State Interests and Governance Authority into a "super-board" to block political patronage in state-owned enterprises.


Context: The Legal Battle

The OSP has faced multiple legal hurdles over the last year, with some critics arguing that its "independent" nature contradicts Article 88 of the Constitution, which vests all prosecutorial authority in the Attorney General. Mahama’s comments are seen as a strong signal to the judiciary and the legal community that the Executive fully backs the OSP’s mandate.

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