Special Prosecutor bill to be laid before parliament today

The piece of legislator covering the Office of the Special Prosecutor will be present before parliament today by the Attorney General and Minister of Justice, Ms. Sophia Akufo.

The bills presentation to the legislative arm of government today will be the first official step towards implementing what was one of the ruling New Patriotic Party's (NPP) key campaign promises during the run-up to last year's hotly contested General Elections.

Ever since Prsesident Nana Akuffo-Addo - NPP president flagbearer - announced his intention to setup a Special Prosecutor's Office independent from the executive, many have doubted if such a prosecuting body is feasible, or even necessary.

Some, like parliamentary Minority Leader, Hon. Haruna Iddrisu, opposed to the idea have alleged that the bill intended to support the Office of Special Prosecutor will not be enough to establish the prosecuting office.

He argued that in order for the new prosecuting authority to be established government would have to fiddle with the 1992 Constitution itself ,Article 88 more specifically, a part of the constitution that according to Hon. Haruna Iddrisu, is "entrenched".

“…That is my understanding of the law. It belongs to the executive chapter of the constitution which is entrenched; therefore you cannot be seeking to review that through an Act of Parliament… "

Although speaking in parliament prior to the bill's presentation, Speaker of Parliament, Prof. Mike Ocquaye acknowledged that the constitution made provisions for public prosecution via the Attorney General. "The only person who has the right to prosecute in their courts is the Attorney General by a constitutional provision, and he may delegate.

Nevertheless, when you establish a law which clearly provides for another person to prosecute, a circumstance where the constitution says it is only the Attorney General who can prosecute then we must tread a bit carefully,” said the Speaker.