Kofi Bentil is Vice President of IMANI Africa
Vice President of IMANI Africa, Kofi Bentil, has accused the government of deliberately attempting to weaken the Office of the Special Prosecutor (OSP) following a recent High Court ruling that questioned the office’s prosecutorial powers.
In a series of Facebook posts on April 16, 2026, Bentil argued that the court’s decision ultimately serves government interests and undermines efforts to fight corruption.
He further alleged that political influence is driving legal challenges against the OSP.
“My brothers Ayine and Sai are very fine lawyers, but they are politicians under authority and will do what they are told. So don’t be confused by the attack on the OSP. The High Court ruling is flawed, but it works for the government, which is hell-bent on killing the OSP. Simple,” he wrote.
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In another post, Bentil referenced the legal framework that established the OSP, insisting that the office was created with binding authority and should not be undermined.
He also questioned the High Court’s decision, particularly at a time when the Supreme Court is already considering the matter.
“The past Attorney-General passed a law, along with a Legislative Instrument, binding on the current AG to establish the OSP. If the OSP needs authority, which is false, then it should be granted. Why weaken it? High Courts must defer to the Supreme Court in matters of interpretation. So how does a High Court make such a ruling when the Supreme Court is hearing the same issue?” he stated.
In a separate post, Bentil emphasised that legal interpretation should prioritise substance over technical form.
He argued that the government is relying on procedural technicalities to weaken the OSP.
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According to him, once the Attorney-General introduced a Bill and followed it with a Legislative Instrument, the OSP's authority was firmly established in substance.
“There’s a principle called ‘substance over form.’ If an Attorney-General introduces a Bill granting authority and follows it with a Legislative Instrument, that constitutes substance. No one should rely on form to argue that an Executive Instrument should have been used instead. In any case, if the intention is to weaken the OSP, any excuse will suffice,” he added.
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