High Court OSP ruling a threat to Ghana's anti-corruption future - Amanda Clinton

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Donatus 1 day ago

Are we that corrupt? We don't care how we achieve our objectives?

Are we that corrupt? We don't care how we achieve our objectives?
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Stop massaging plain truth... 1 day ago

...with long words and clever submissions If the plain words of the constitution vest prosecutorial powers in the attorney General, and we find that problematic we cure that with constitutional amendment not an act of parlia ...
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...with long words and clever submissions If the plain words of the constitution vest prosecutorial powers in the attorney General, and we find that problematic we cure that with constitutional amendment not an act of parliament. Do the right thing!
Kwame 1 day ago

Amanda Clinton you are a lawyer.
There is hierarchy of Law in Ghana. Article 11(1:
1.The 1992 Constitution
2. Enactment and Acts of Parliament
3. Orders and Rules made by Authorized bodies of State
4. Existing laws
5 T ...
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Amanda Clinton you are a lawyer.
There is hierarchy of Law in Ghana. Article 11(1:
1.The 1992 Constitution
2. Enactment and Acts of Parliament
3. Orders and Rules made by Authorized bodies of State
4. Existing laws
5 The Common Laws
Article 1(2) of the 1992 Constitution of Ghana provides as follows: The Constitution is the Supreme Law of Ghana and any other law that is inconsistent with the Constitution and to the extent of the inconsistency is void.
Article 88 of the same 1992 Constitution vests all prosecutorial authority of criminal nature in the Attorney General of the Republic of Ghana.

The Law which established The Office of the Special Prosecutor was an enactment or the Act of Parliament which is subordinate to the 1992 Constitution in terms of hierarchy or Supremacy.

What then is the A G crime if he goes to court to exact the Constitutional provision in Article 88 which vest all prosecutorial powers of criminal nature in the AG but not the Office of the Special Prosecutor.

If therefore one is not comfortable with the current provision in the Article 88 of the Constitution, then what needed to be done is Constitutional amendment instead of making emotional argument.

Where therefore there is a conflict between the 1992 Constitution and an Act of Parliament as in the Act that established the Office OfvSpecial Provider, the Constitution take precedence over an Act which in this case is the Office of Special Prosecutor.

To conclude thefore, even though, the OSP Act also grants him some prosecutorial powers, the Article 88 of the Constitution which vests in the Attorney Genersl alone all states prosecutorial powers in criminal nature presents the Attorney General position legally appropriate to go to court to seek the powers inherent in the OSP for OSP to seek his mandate from the AG before any criminal prosecution

Now if we arecuncomfortable in the provision in Article 88, then what we can do is to amend Article 88 and take some powers away from the zAG
Ditto!! 1 day ago

Precisely!

Precisely!
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Tweaa 1 day ago

So it means only the attorney general can pick and choose cases he wants to prosecute? , like the empty ambulances case ? ,In this case would any NDC member be prosecuted should the need arise ?

So it means only the attorney general can pick and choose cases he wants to prosecute? , like the empty ambulances case ? ,In this case would any NDC member be prosecuted should the need arise ?
Hans 1 day ago

ORAL and Settings. Extradition and all that Farce

ORAL and Settings. Extradition and all that Farce
Kojo Menkah, Bremen. Germany 12 hours ago

No it says "with approval" from the AG, no one stops the OSP you can proceed with your prosecution but seek approval.

No it says "with approval" from the AG, no one stops the OSP you can proceed with your prosecution but seek approval.
Ananse 23 hours ago

How many corrupt people did OSP Kwesi Agyabeng arrest and prosecute before this lady is saying that the ruling against osp is a treat?
You’re all thieves that OSP is protecting.

How many corrupt people did OSP Kwesi Agyabeng arrest and prosecute before this lady is saying that the ruling against osp is a treat?
You’re all thieves that OSP is protecting.

Achakanapaya 19 hours ago

This Soo called Lawyer's are Ghana's problem. They screw the Law in their favor. They are all known npp Nation wreckers. They are criminals.
The OSP himself is part of the npp Nation wreckers so nothing good will come out o ...
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This Soo called Lawyer's are Ghana's problem. They screw the Law in their favor. They are all known npp Nation wreckers. They are criminals.
The OSP himself is part of the npp Nation wreckers so nothing good will come out of that office. Is a waste.
Concerned citizens of Ghana 18 hours ago

So beautiful. So wise. Wasted on Ghana. Entrenched corruption will get worse after the osp is removed. We have a long three years ahead

So beautiful. So wise. Wasted on Ghana. Entrenched corruption will get worse after the osp is removed. We have a long three years ahead
Kojo Menkah, Bremen. Germany 12 hours ago

Sometimes when lawyers speak you must cringe, why a simple matter of producing evidence that shows that you obtained authorisation to prosecute according to the law that established the office too is so complicated for lawyer ...
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Sometimes when lawyers speak you must cringe, why a simple matter of producing evidence that shows that you obtained authorisation to prosecute according to the law that established the office too is so complicated for lawyers to understand? What a country is this?. Listen to lawyer Kpemka who was deputy AG at the time of the passage of this legislation had spoken and its very clear that the High Court didn't interpret the law but seek the evidence that authorise you to prosecute which is mandatory on the OSP, why should this be so difficult to read?

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High Court OSP ruling a threat to Ghana's anti-corruption future - Amanda Clinton

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