Former Chairman of Parliament’s Constitutional and Legal Affairs Committee, Inusah Fuseini, has clarified that the Office of the Special Prosecutor (OSP) was never created as a completely independent prosecutorial institution, but remains legally connected to the Attorney-General.
Speaking on JoyNews’ The Pulse on Tuesday, April 21, Alhaji Fuseini explained that public debate around the OSP often misrepresents its constitutional design and operational structure.
He noted that while the OSP was set up to operate free from direct interference, it does not function entirely outside the oversight framework of the Attorney-General.
“We did not establish an office of an independent Special Prosecutor. The OSP is not independent of the Attorney General, but it is insulated from interference under the provisions of the law,” he stated.
According to him, the legal arrangement was deliberately structured to ensure a balance between prosecutorial autonomy and constitutional accountability.
He explained that the Attorney-General has a role in the appointment process of the Special Prosecutor, with nominations proceeding through the President and ultimately requiring parliamentary approval.
Mr Fuseini said this framework was intended to prevent excessive political control while still embedding institutional checks within the justice system.
He cautioned that weakening these safeguards or increasing undue control could compromise the effectiveness of the anti-corruption mandate assigned to the OSP.
“If there is too much control, it becomes interference. And interference can lead to selective prosecution, which defeats the purpose for which the office was created,” he warned.
He further stressed that protecting the integrity of the OSP is essential to maintaining public confidence in Ghana’s anti-corruption efforts and ensuring equal application of the law across political divides.
His comments come amid renewed national debate over the scope and independence of the OSP, as discussions continue about its relationship with the Attorney-General and its role within Ghana’s broader justice system.
