Mahama Ayariga, Dafeamekpor Lead Charge to Scrap Special Prosecutor as Repeal Bill Hits Parliament

A major push to dissolve the Office of the Special Prosecutor (OSP) has formally reached Parliament, as Majority Leader Mahama Ayariga and Majority Chief Whip Rockson-Nelson Dafeamekpor on 8 December 2025 laid a Private Members’ Bill calling for a complete repeal of the Office of the Special Prosecutor Act, 2017 (Act 959).

The proposed legislation — The Office of the Special Prosecutor (Repeal) Bill, 2025 — seeks to restore exclusive authority over corruption-related prosecutions to the Attorney-General, in line with the prosecutorial powers vested in that office under Article 88 of the Constitution.

Bill Cites Structural, Constitutional and Operational Challenges

A memorandum accompanying the Bill argues that eight years of the OSP’s operations have exposed “deep structural and constitutional challenges” that undermine its effectiveness. According to the sponsors, the establishment of the OSP in 2017 created duplicated prosecutorial mandates between the Special Prosecutor and the Attorney-General, leading to:

institutional friction,

jurisdictional overlap, and

avoidable delays in criminal proceedings.

The lawmakers insist that the dual-prosecution model has yielded “inefficiencies rather than strengthened the national anti-corruption framework.”

High Costs, Limited Impact Highlighted

The memorandum further cites high operational costs associated with running the OSP, arguing that these expenditures have produced limited demonstrable impact compared to the office’s budget. It also points to:

fragmented national prosecutorial policy,

challenges in sustaining long-term institutional capacity, and

duplication of administrative systems.

The sponsors note that Parliament has reached a policy consensus that anti-corruption cases can be more effectively prosecuted by a strengthened Attorney-General’s Office, rather than an independent statutory body.

AG to Lead New Anti-Corruption Division

Under the proposed arrangement, the Attorney-General and Ministry of Justice would establish a specialised anti-corruption division, consolidating all corruption-related prosecutions within a single institution. The Bill’s supporters say the move would enhance efficiency and accountability through:

reduced administrative overheads,

unified budgetary control under one vote head,

improved deployment of skilled prosecutors and investigators, and

better value for money across the justice sector.

Transitional costs involved in folding the OSP into the Attorney-General’s Office are expected to be covered by existing budgetary allocations.

Repeal and Transitional Provisions

Clauses 1 to 4 of the Bill outline the mechanisms for repealing Act 959 and managing the transition. Clause 1 formally repeals the OSP Act while preserving all existing regulations, legal instruments and lawful actions undertaken by the Office up to the point of dissolution.

If passed, the repeal is expected to trigger nationwide debate over the future of Ghana’s anti-corruption architecture.

President Mahama Opposes Calls to Scrap OSP

Meanwhile, President John Dramani Mahama has publicly pushed back against calls to abolish the OSP. He described such proposals as premature, urging citizens to allow the institution more time to deliver on its mandate.

The Bill’s introduction sets the stage for a major political and public policy showdown in the coming weeks, with both supporters and critics expected to weigh in on the fate of one of Ghana’s most high-profile anti-corruption institutions.