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'If independence is stripped, effectiveness is compromised' - Amanda Clinton to OSP

Amanda Clinton is a private legal practitioner

Mon, 13 Apr 2026 Source: www.ghanaweb.com

Legal practitioner Amanda Clinton has urged the Office of the Special Prosecutor led by Kissi Agyebeng to resist any attempt to subordinate it to the Attorney-General.

According to her, centralising prosecutorial authority under the executive would be catastrophic for Ghana's anti-corruption framework.

The letter, dated April 13, 2026, and copied to Deputy Special Prosecutor Cynthia Jane N. K. Lamptey, was written against the backdrop of ongoing Supreme Court proceedings challenging the constitutional basis of the OSP's independence.

The debate is rooted in Article 88 of the 1992 Constitution, which designates the Attorney-General as the principal authority on prosecutorial matters.

Clinton, Head of Chambers at Clinton Consultancy, acknowledged the legitimacy of the constitutional question but argued that the practical consequences of subordinating the OSP would be devastating.

"The real issue is not whether the OSP can exist, but whether it can function effectively without being reduced to a subordinate arm of the executive. The risk is clear: if independence is stripped, effectiveness is compromised," she wrote.

To illustrate her point, Clinton cited the ongoing EOCO investigation into a politically exposed Council of State member as a live demonstration of what happens when enforcement institutions lack full independence and backing.

She described how the individual under investigation had issued ultimatums to EOCO using Council of State letterhead, initiated legal action against the anti-crime office, sued complainants, and attempted to intimidate legal practitioners involved in recovery actions by filing counter-suits against them personally and professionally.

“The executive has remained silent, notwithstanding prior public declarations of zero tolerance for scandal. EOCO appears to lack institutional support in enforcing compliance, despite the gravity of the allegations.

EOCO asset freezes are legal, not punishment – Amanda Clinton

"Even a powerful enforcement body like EOCO can be resisted, delayed, and politically pressured. If EOCO—an established enforcement body—faces these constraints, what would happen if all prosecutorial authority is centralised under the Attorney-General?" she wrote.

The lawyer outlined five reasons the OSP must retain its independence: protection against conflict of interest, preservation of public confidence, operational efficiency, institutional balance, and international credibility, warning that global partners, including the IMF and World Bank, support independent anti-corruption bodies and that weakening the OSP risked both reputational and economic consequences for Ghana.

Clinton further cautioned against what she described as state capture dynamics—a scenario in which individuals could resist enforcement, institutions lacked backing, and legal processes were weaponised to counter accountability.

"If such actors succeed—especially where historical links to major financial controversies exist—the signal sent is profound: power can outlast law," she wrote.

Clinton closed by calling on the OSP to approach the Supreme Court moment not merely as a legal defence but as an opportunity for institutional assertion—framing the issue publicly as one of national accountability rather than institutional rivalry.

"Your defence of the OSP is not merely institutional—it is foundational to Ghana's rule of law," she told the Special Prosecutor.

See the letter below: