OSP under siege: The civil society pushback | PM Express (22-04-26)

Added: 2026-05-05

[00:00:00]independent body. Let's get into those facts just purely from the perspective of civil society. We've heard the attorney general. We've heard the politicians on the other side. We from some of the key players involved in this, the uh OSP it itself. Let's really interrogate why civil society has buil this coalition to push back against the onslaught that the OSP the office. By the way, I'm not talking about the uh special prosecutor. I'm talking about the office itself. Uh that create the creation of of an act of parliament. It is under siege. We'll talk about that pretty shortly. And the 12 civil society organizations came together. Some big ones CDD, the one Ghana movement, the 80 star Ghana, almost everybody. All the key civil society groups in Ghana uh came together and issued one collective statement. We don't see that often. It's rare. uh and this matter has united them and then clearly the government the governing NDC and the government they are on the wrong side of civil society as far as this matter is concerned but really what is the case that civil society is putting forward we'll interrogate that with them on the show today but here's the picture this is really what has triggered this um last week when we did that breaking news you story when the high court delivered that very controversial ruling It sparked off a chain reaction. Uh we know that there's a case penny at the Supreme Court that will be decided on very shortly. At least the civil society guys have asked the Supreme Court to consider that as a matter of expedition.

[00:01:38]That hasn't been determined just yet.

[00:01:40]And then the high court delivered that ruling saying in essence that the OSP hasn't got the authorization to prosecute. They should hand over all the cases that they are currently prosecuting to the attorney general.

[00:01:51]Fascinating indeed. Very controversial too. And so then all all all ongoing cases have now effectively been frozen.

[00:01:59]And so you will see that the individuals currently being prosecuted by the OSP. I said it last week when the story broke.

[00:02:05]All they needed to do was to smile all the way to the nearest court and ask the court to freeze the cases. The cases are all being frozen right now. In effect, the OSP has been crippled and we're waiting for the Supreme Court to decide before we will know what happens to the cases that he who occupies the position right now what he will do. But he's done a few things. He's gone on appeal. It's pending. He's also asking for a stay of execution. We'll see how that plays out uh before the courts. But it seems like the guys are very clear on this matter.

[00:02:37]As far as I concerned, a the AG lacks the motivation, the will to tackle corruption. And you look over time, this has been proving because the AG is a political appointee. You expect him to prosecute his cabinet ministers, his colleague cabinet ministers. That obviously won't happen. And that's a point that the civil society is pointing out. The the act itself, the society says, aligns with the constitution. Why are they saying that is simple? Because the constitution says yes, the AG has exclusive power to prosecute, but that power can be delegated on his authorization and that act says exactly that. And so where is the misalignment that has formed the basis of this court decision? Uh OSP derives authority from the AG which just stating the factors in the constitution. The high court exceeded its powers. the civil society guys make the point too and that the elected officers must act in the in the public interest more broadly. Now they're not just complaining uniting but they are putting their monies where their mouth is and so they sponsoring a legal battle a legal challenge uh by way of an amicus where their lawyers will join so they can defend the OSB. This is going to be a significant battle indeed.

[00:03:57]A clash of the titans in court. Uh the forces fighting against corruption and I guess you have to be on the other side to fight them and that I guess is where government finds itself. It is a very difficult place to be when you have civil society pointing fingers at you.

[00:04:15]Uh and you read the statement they issued a very long strongly worded statement. They say the the governing the government and the NDC. So they tell you that they are putting them together in this and it's interesting for me as watching the political watcher anytime governments have come up against civil society on the subject of corruption it has significant fatal political consequences all the time without exception all the time. You can just go back in our history. Anytime you have civil society coming together on a matter of corruption where the incumbent government is on the other side of that debate, it doesn't end well. Uh and so I wonder why the this is a major strategic goal for the NBC. Um the suicidality guys pull back from the brink. We'll see how this ends um at the Supreme Court.

[00:05:07]But there's also the constitutional review committee report that the government obviously itself in student brought in the committee got to work and the society tell us that there in that document lies a solution. So we'll interrogate that solution when we sit for a conversation. So I wonder why they make the point about the government is you know on the wrong side of this because the same government that has put this together. Maybe they want to kill the OSP so they can fix the constitution and then enact that, you know, review it and and make it independent, the constitutional body. Who knows? Maybe that's the ultimate goal here because I've heard attorney general say clearly even they support the OSB and that if he brings the application for authorization they will give. So we but what's really is the fast here one of the biggest fasts that we need to point out is is this point about the crushing perception index and you need to see something here anytime we've dipped there's in in an election year it causes the government that is in power that led us to that dip to lose elections that's the point I was making earlier 40 lowest just coming from 2016 what Historic defeat for the NDC.

[00:06:19]If you fast forward the story of 2025 24 of the lowest again 42 right 4041 climb up a bit you know the government tried to recover but it dropped to 42 and what happens 2024 what happens? MP lost power. You you really don't play with corruption at all if you're if you're in government. You don't. There's a reason why oral was such a powerful tool that the NBC leveraged to win the Monday. And the data here tells a story. The corruption perception index is perception. But that's what Ghanaians are telling you. They perceive that the government, the people in authority with responsibility are not fighting corruption. And once it dips to to the 40 41 42 mark, you are in trouble. Right? Look at Joe Mahama when he did that miracle in 2012.

[00:07:21]Served the unexpired time of Aku of Mels when it shot up, right? He won it 2013 48. Our best performing yet 48. He really sailed. And then when he began to drop, we all saw what happened in 2016.

[00:07:36]you you just have to look at the facts and so you need to ask the politicians do they really pay attention to this reality. Um and and I wonder whether civil society itself may be wielding this as part of the bargaining chip cuz politicians are really really afraid of what this will mean because the noise that is making it affects the perception right and as I've said if the perception drops you are in trouble um but again you you look at the institutions against corruption and you see the um the trust levels for all of them and this is CD work OSP is there highest in terms of trust to deal with the power problem of corruption and they put out that report recently 55.2%.

[00:08:19]The CD in essence is telling you that you are touching the wrong institution here right because AG is not trusted at all there can't leave it to people don't trust it OSP is trusted Yoko is there shroud is there and then others so again data talking uh and you look at the how much is allocated how much is actually dispersed the story has been checked right but 2024 almost closed So we we're giving the OSB some money. But the question some have asked is and I've heard you know folks like the Dame and Co who who was on the show today make the point that if you look at how much money has been given to the OSP and what they've actually done there's no value for money there because currently they're prosecuting what eight cases eight cases. Some have argued that it's just the OSB is under employed somehow.

[00:09:13]Well, listen, let the civil society guys weigh in on this when we sit down for a conversation and they look at what the OSP itself is saying as the value for money is concerned 35 million they say they have recovered uh in the big scheme of things how does this weigh uh when you consider its uh its usefulness right the OSP itself in terms of the loss averted this is a big figure this is a big figure you talk about what recovered but you if you if you are also helping to prevent corruption that then leads to loss uh averted then clearly you are talking about a figure here that is useful 7.1 billion 7.18 billion there's a lot of money indeed my civil society friends are joining me I asked them a few questions about their position what really well what what really is a fast here I mean it's a constitutional matter uh stay back stand back leave the Supreme Court to do it thing and let the government simply proceed to the implementation of the constitutional renewal report that gives you a a constitutional body and then maybe allow the AG if he wants to to kill the OSP.

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[00:17:38]and thank you very much uh for joining us here on PM Express and my guests joining me tonight uh in the studio are all from civil society by the way and PM Express is always brought to you by syntax tanks it is stronger the staff also brought to you by pest and capability fighter a toothpaste and stamic CIB impact series looking for a tank that can store water and last and is durable. Look for the tortoise.

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[00:18:29]My guest in the studio with me is Seenor Hosi and Senor Hosi is the one Ghana movement is is his civil society organization was part of the coalition of CSOS who came together to issue the very strongly worded statement uh defending the office the special office of the special prosecutor. Marada is executive director of the transparency international. They also penned their signature to that document. Ku is an associate of Immani Africa and Immani also penned their their name to it. Uh Jacob Aunu is assistant monitoring and evaluation specialist at the CDD center for democratic governance and they obviously have been very instrumental in these uh conver conversations and we'll we'll get all of them to weigh in pretty shortly.

[00:19:18]I I wonder what why did um one Ghana movement decide to join this joint statement?

[00:19:26]>> The one Ghana movement is largely focused on the ultimate good of our country. We believe that we have one country and every advocacy, every policy frame, every policy activity but ultimately prioritize that um of the country above all parochial interest. We are a civil society organization. We are a thought leadership organization. We're also a pressure group. What is happening? I I have to be honest. I feel very embarrassed by the entire event because uh we we seem to act as a people who do not learn from history. We don't really seek to really understand the the the the essence of policy. The ultimate policy that exists in every country in a constitutional democracy is a constitution. It clearly tells us that the sovereign will of the people is where power actually emanates for. So when you actually represent the people, you should always be reminded by that fact that for the people's sake that you advocate, you advance every activity to help drive and change and transform the sphere of of of your of of your governance. Okay. that we see in our very constitution in this very preamble that says clearly the values of this country and the values around which every government must must really operate. It tells us what property accountability tells of freedom tells us justice but property and accountability critical all in pursuit of a certain meaningful life for the Ghanaian. You go into the same constitution, the directive principles of state policy tells us clearly that the rules there should actually guide how we interpret even the constitution, how we actually drive policy. We shape every one of it. And the same principles of of of state policy. It tells us in 358 that the governments must seek to eradicate corruption because this country has a history. Yeah.

[00:21:22]>> Almost every coup that we've had has found a way to bring corruption into the pie. Tell me which election that we've had in this country that corruption has not been a part of the top three matters that are supposed to be discussed.

[00:21:33]>> Always, >> you know. So when we behave like this, we have a government that came with a strong oral advocacy and we all supported it.

[00:21:40]>> I I don't hide it. I voted for this government. I've never lost an election.

[00:21:45]There's only one election I refuse to vote, which was the 2020 election, you know. I I've never lost an election, you know, and it's not because I vote for you or not. I vote for you because I hope that you be able to drive policies that change and promote the good of our people as a people. Whether I'm in government or I'm not in government, I don't care. We must make sure Ghana. Do you want to be angry when you're in opposition?

[00:22:08]>> Absolutely.

[00:22:08]>> We realize that corruption is a conqueror. Something that destroys the very fabric of our society. It is destroying our governance. It is destroying our ethos. All right? It is actually destroying our value system. We sit in a country where people are beginning to even question whether hard work has any meaning.

[00:22:28]You understand? And I'm worried about future generations. The issue of corruption is so sensitive. It's so integral. It's a constitutional obligation on everybody in government, everybody who is a citizen, everybody who occupies the space within our geog geographic sphere. So when this matter comes and we sat down together, we realized we needed to have an OSP because we needed to have somebody who independently prosecute corruption.

[00:22:57]It was not out of nonsense or out of busy bodying that we got into this particular into this situation. It was a strong ground swell. This country could even have erupted if nothing like that had been done. All right, just like we had with the RTI and we all agreed both parties were in parliament. I don't know who voted against it. We don't I don't know any party voting and block against this. As a matter of fact, the attorney general, great great great lawyer, great lawyer.

[00:23:27]He's a brother and a friend, great academic due, all right, was one of those who cleaned up this particular law. He cleaned it up. the president when the film and and and his colleagues were seeking to actually were were reacting obviously to to some events of a particular time and were seeking to repeal the act. What did the president say?

[00:23:50]>> Yeah. Says he doesn't support that they should pull it back.

[00:23:53]>> It tells you the policy direction of the government because our country has a cabinet with the majority of one human being. What the president says is final because we have a presidential executive. All right. Listen, the direction of NDC was supposedly have been shaped. You know the aspirations of the people. You know the essence of this particular law. You know the essence of putting up this institution. You know the policy relevance of it. Why do we have the same government go back into the Supreme Court when somebody who happens to be a friend also of the of the attorney general's office. All right. I mean we all have friends in there. It's like you go and shoot your colleague and then you have the attorney general to come back and he come to defend the aspirations of the people. We also see that the attorney general takes an alternative view. I don't think that he actually meant anything ill. He's a pure academic. He's giving his own personal opinion at a particular point in time and he has the office at heart.

[00:24:54]But I think that in doing taking those decisions the office must look more at the policy essence and value. That is why Ghana's Jewish prudence is driven by the modern purposive approach. What really was the intent? What is it that we really want to achieve? You interpret things along that side. Deliver for us our aspirations. We're hoping that the attorney general knowing the aspirations of the people. It is not aspirations of the people that this will happen. You saw there's a research that was done by I think the Bali professor Bali and >> yeah CD they confirmed what that 92% of the people believe that we must have we must have was it the office of the an independent an independent public prosecutor >> we know that and we have tried to find some legal gymnastics to deliver it there is political consensus all right there's political concern the constitution was not was was we were not made for the constitution constitution was made for us that's why that's why we have a modern proposed approach interpreting it.

[00:25:53]>> But there's a sense in which if you look at the way the architecture of the legal architecture of the OSP is framed that problem of the authorization is there.

[00:26:04]Isn't the attorney general actually trying to fix an obvious problem that has been there?

[00:26:10]>> I don't see a problem.

[00:26:11]>> He's gone to No, he's basically saying the the office does not have the authorization. So the office should simply go and get the authorization.

[00:26:18]>> No, but the authorization is already granted. Look at the law. It's not in dispute what 884 says. I don't think that's in dispute. But what was it? We had the same office. We ended up passing an act through that act and the LI we actually granted an authorization to the office. So if you think that you want to withdraw it, go through the process and repeal the act >> and let's go go and try it and we all meet we all meet we all meet the people.

[00:26:41]>> OS will actually show the fiat the authorization. He has no >> fiat. I'm I'm sorry. The reason why I'm absolutely sorry that fiat exists through the act and the li that has already been granted. You see when you are leading governance you are driving policy you are managing an aspiration of a people. What is the aspiration of the people today >> that they want an independent public office.

[00:27:08]>> Are you tell that your mama doesn't know >> but you must do.

[00:27:11]>> Are you telling me that I doesn't know?

[00:27:14]>> Yeah you must. Are you telling me that a market doesn't know >> the fact that they know that?

[00:27:18]>> Are you telling me that the speaker doesn't know >> is is one different >> we are putting the effort and every one of them were was part of that process to help rationalize the process within our governance frame to make it happen. Why do we turn around again to want to come and chop off >> chop off a matter that is so sensitive to the people at this time for what reason?

[00:27:40]>> Let me bring in Jacob with the CD.

[00:27:42]Jacob, you did that work recently. One second before Jacob comes. Look this conversation and I beg everybody. I know people have issues with the OSP in this person >> and as a matter of fact we don't even want you to have him as a friend. So if he doesn't like you, you don't like we are happy as Ghanaians. That's fine. But you see, separate the institutions of states from the persons occupying the institution.

[00:28:05]>> You think that has been, >> you see, I think that it's all been bundled and it doesn't help. There's one thing politicians must remember. They will always one day be in opposition.

[00:28:16]And when you start taking steps like this and I I I spoke to the NDC on on Saturday on on your on one of your on key points. Yes.

[00:28:25]>> I said look they should be careful. I think that they becoming too complacent, too comfortable with their popularity.

[00:28:31]There's no doubt that the most popular party today. Not material material change has really happened because of of the economic excellence that we we seem to have seen. We seem some steps towards better better governance than than we experienced before. But things like this erode it very fast. Mr. President, corruption is a very sensitive matter for people. If we see you act in a way that seems to help promote facilitate corruption, I'm sorry, your legacy will be going down. you have an opportunity to leave this country not just as the longest serving president under this republic this fourth republic but the one with the greatest of all legacies don't mar it with this so call and put your people to order uh Jacob in the statement that was issued and CD is part of it you said you were alarmed uh both at the high court decision mainly really and of course that we had already seen the attorney general's position in Supreme Court matter but that alarmed you. Why? It is simply a court of competence jurisdiction delivering a verdict on a matter before it. Where's the alarm?

[00:29:43]That is what democracies are supposed to do.

[00:29:48]>> Evans and good evening to you know cherish viewers. Um simply put we would say that it is alarming because it takes us back. is a dangerous retreat from a national commitment to transparency and accountability.

[00:30:05]That is why it becomes quite necessary that we raise the alarm bells now because if you take for instance the substance of the whole OSB the fact is that the picture is to prevent the subordination as well as maybe possible to let me put the subordination as the key point that is the the key focus of the mandate of the uh independent special prosecutor that we were hoping for. And so if you go back to subordinate the office under the AG then it defeats the whole purpose. I mean as stipulated by it that's the >> but that but that is not what was before the court. the the court was looking at a set of facts before it and the fundamental fact that they had to evaluate was whether or not the OSP had authorization as the constitution mandate for it to prosecute the case and the OSP couldn't show any authorization.

[00:31:04]It's a very simple the OSP actually showed that the the decision of the court is is I mean I mean discretionary but the fact is that if it's a matter of interpretation that all of us agree that the Supreme Court currently is I mean the case is before the Supreme Court and it would have been wise for all of us to wait for the decision of the Supreme Court rather than going in and and and I mean giving a sweeping conclusion on on and even going beyond for some of us we believe that the the court actually went beyond when he declared that all the cases that the OSB had already handled be void and all and >> but that but that follows naturally it follows naturally does it not is the reason why you look at all the other cases that the US is prosecuting almost all of them are currently being put on hold if you don't have enough negative effect >> that's actually the negative effect we're hoping to prevent especially given that the thing is before the apes court so it would have been wise and especially the contradiction that is currently um playing out where another court had declared that they going to wait for the Supreme Court to I mean come out with it better before it takes a decision but then the other high court decides to go ahead and take that decision. So perhap that contradiction alone is something that needs to be looked at again. So you can't have two high courts having different decisions and uh while one is superior in terms of the case being before the Supreme Court it would have been wise for the other to also wait and if you clearly notice what the other cases before the high court are going they are all tending to go towards waiting for the Supreme Court to give a a a decision on this I mean the interpretation of of this clause. So this is where I believe that it makes it alarming and that if the especially the AG immediately acted in ways of carrying out the the decision of the high court I mean the one that actually said the OSP did not have the prosecutorial mandate the fiat to come then it means that the AJ itself is also been a bit too har in taking and and Jacob let's interrogate that a bit more and I want to bring in K I want to bring in He could go into that conversation because Emani also signed that. Okay. On the subject of authorization, I've heard the in the statement that you jointly signed and issued. You say that the high court should have waited is a constitutional matter. But but is it really in terms of the case before the high court, the act that sets up the OSP, if that act is before the judge, um section 42 is clear that the OSP can only prosecute with authorization from the attorney general. So if the judge then looks at that particular provision in the act not the constitution and ask the question show me the authorization and you can't produce authorization it's as simple as that it's an open and shut you rule you move on well there's no constitutional question there is it and I know people have said this is a constitutional matter but there is a clause in the act that says you must be authorized if you don't have it you don't have Hello K please unmute for me.

[00:34:29]>> Yes. Hi.

[00:34:30]>> Yes.

[00:34:31]>> Yes. Um that is another angle to look at it. Um I think most people who have uh argued that have not um understood uh the whole of the the the constitutional provision. Um, we've had a constitutional provision that is uh further backed by an airline and it states clearly that authorization um is automatic. But it it seems there is some confusion in the interpretation and that is why um civil society specifically uh was hoping that the Supreme Court will interpret the matter.

[00:35:15]But unfortunately the the uh the issue has deteriorated and the OSB finds itself in a very awkward position. But for Immani specifically, I think we are concerned about um the sequence of events. If you look at it from when the NDC came to power in um January uh 2025 um to date if you look at they they came on the promise of oral and oral in itself the cases of oral in itself um there are no cases that were even referred to the OSP. One would have thought that for a government that is um focused on fighting corruption and has a flagship uh themed oral operation recover.

[00:36:09]there would have been some sort of coalition uh that would have probably even involved other anti-corruption bodies um to be able to deal with a substance of but it looks to us that because of the lack of a coalition and the lack of a proper working relationship the attorney general is actually even even um having challenges dealing with we we've we've heard a lot from press conferences from press releases we media news uh news cards all over the place. But if you visit the attorney general's website for instance, it's even very hard to track the sequence of events, what cases they are dealing with, how uh the the case management um is important for from a civic perspective because the citizenry expect results and the results must be tracked. It must be measured. That way the citizens can respond to um uh whether uh the the attorney general is being efficient or not. But we lack that and unfortunately the conversation has has been reduced to what we see we see now.

[00:37:22]Um it started from from there and then we saw the Martin Pu incidents after his arrest and there was a petition to the president for the removal of the OSP uh the the special prosecutor. Um it went further to the chief justice because the president referred it to the chief justice. Then um whilst that was spending there was uh an independent uh bill uh private bill that was sponsored by the minor majority leader and then the majority uh chief group as well and then uh the president intervened and then fast forward um the outcome of the CJ's determination uh exonerated the special prosecutor and then fast forward we're Yeah, having the same conversation. But what is a bit surprising is that we are not connecting the dots for ordinary citizens. Um, and from a a think tank perspective, uh, we are more concerned about the dots and how all of all of this um, I mean uh, merges into one big issue that we are all discussing. The first petition was was sent by Noah um Noah Tete. He's the petitioner. And if if you look at the relationship, I mean Noah has a relationship with the deputy attorney general. He he's a prodigy of of the deputy attorney general's firm. And then we have a deputy attorney general showing up to defend the position of the OSP in a in a matter where the OSP himself cannot defend himself because the constitution makes the attorney general the principal defender of of the the constitution in that sense. So that in itself is a red flag for us. Then the matter proceeds further and then we have um um a mixture of uh emotions all over the place. If if you notice the the banter, it's it's disturbing for all of us. We we all know why the OSB came into force in the in the first place.

[00:39:38]Ghanaians were complaining about corruption. uh Ghanaians felt that an attorney general who is appointed by the president uh an attorney general who is appointed by the by the president is definitely partisan affiliated and would be um difficult to probably prosecute their own. So the OSB's independence was very important. At the time the the issue of the OSB had not the the creation or the name OSB had not even come into force but I think it went through a process and those who sat down the architects of the creation of the OSB I I I don't think they they they they were not thinking right when they um uh uh created the OSP because they they did that for a purpose. So it's not just about the constitutionality of it.

[00:40:30]It's also about the um perception the public perception which is which is very important because if you look at it from a citizen's perspective I mean we feel probably there are certain things going on within the the the NDC that u the attorney general probably must step up his game and probably defend his own.

[00:40:55]Either than that, >> I mean, I I hear you say I I listen to the chronology. Are you suggesting that there's some grand partisan conspiracy within the NDC and the government to kill the OSP?

[00:41:10]>> I wouldn't say there's a grand conspiracy. In fact, the attorney general himself um um has always been uh or positioned himself uh in a way that never supported the the creation of the office. So this is prior to his appointment as attorney general to be fair >> you know but one would have expected that um once you become an attorney general >> and you are championing the government's flagship which is oral there would be institutional collaboration not institutional tension and we see the tension we saw the tension from theory extradition process where the attorney general said the OSP did provide um a docket and the OSB says we are supposed to provide a packet we cannot submit our entire dosia to you and there was a lot of back and forth there was a first attempt there was a second attempt so there's been these tensions in the background for a very long time >> and the optics you know are very revealing because if all of this is going on in the background and now we find ourselves here then everybody in their right mind will be looking at it from a certain perspective And what perspective is that?

[00:42:28]>> That the perspect the perspective that um the the OSB is going to be crippled and fighting corruption independently is going to be difficult and if this is the position of of the attorney general then it reflects the position of the president and that is unfortunate.

[00:42:47]>> Okay, I'll I'll come to interrogate that a bit more with Mary but seen has has an intervention.

[00:42:54]One of the things that's confusing me is really what's the government's what's the president's policy stance on the office of the special prosecutor. I think we should ask him because on one hand he shows us something that we are seeing his appointees and members of his party say something different. If you really committed to the whole OSP thing and you came and you really believe that there was some gap, I think one of the first things you'll be doing is to correct it without even waiting for anything. You would have come and say okay we think that maybe somebody can come and even sue about this. So you know what by default I'm giving you that fiat today any OSP you're not asking any feel free to do anything but I don't even want to hear again that show somebody who really wants to support this independent fight against corruption unless of course you want to be able to control the member of office in that office which is not the essence of the entire entire entire entire entire entire act and the fights against corruption it's totally advant with it.

[00:43:55]So I'm confused. I think we should ask them. When they were coming, they said they want to fight corruption. They supported the idea of an independent prosecutor. So if you came and you believe that there was a legal gap, a lacuna, whatever it is somewhere there, why didn't you come into office and quickly fix it in one year and how many months now?

[00:44:13]>> We'll come to that because they actually fixing it somehow.

[00:44:16]>> No, we're fixing what what you find.

[00:44:19]What do you mean?

[00:44:19]>> You'll find the solution in the constitution review committee. No, that's that's the con. We all part of it. We've all been advocating for those those reforms way before way before. But I'm saying that today >> is a solution.

[00:44:33]>> So today as we speak, >> all right, remember the independent the OSP delivered the constitution day lecture the last time and part of his recommendation was that should be it should be brought into the into the actition. Yes.

[00:44:44]>> Which I think has been somewhat you know adopted by by by the by the by the committee. committee.

[00:44:50]>> That aside, you are today you don't need to wait for constitutional review committee to be able to deliver this aspiration that's clearly defined in our constitution as one of the critical commitments of our constitution, property and accountability. So if you really believe in the idea and you are saying that oh there's even a gap and you just want to protect the OSP from having any such unhealthy interventions why didn't you come from the one just issue that fiat and say give it and let me put that question to Mary because there's an aspect and how is it that people go and you're not defending the >> there's an aspect of this Mary on that point that sor makes there's a point you made in the joint statement you say on the back of the high court decision that you recount and the Supreme Court's dependency on the Supreme Court case. He said, quote, "Certainly, these developments have immediately jeopardized the state's ability to prosecute his ongoing cases against individuals accused of corruption and corruption related offenses to the detriment of the public interest." But but really the the attorney general this week is on record to have said that is the deputy attorney general that they are not opposed to issuing the fiat to issuing the authorization and that all the OSP needs to do is to apply for it.

[00:46:05]So why don't you rather channel your efforts to tell the simp authorization is there. I mean, Mary, isn't that an immediate solution? If indeed there's a sense that the attorney general doesn't really like the OSP, call his bluff, put the thing before him and see whether he denies it or not because he said publicly that he's not against it. Mary, isn't that an alternative that the OSP can a path that he can take to continue with this ongoing prosecutions?

[00:46:36]>> Thank you very much. Good evening to uh all the other panelists uh in the studio. I've been listening you know fortunately my network hasn't been too stable but if I'm had calls to say that in the current shenanigans currently ongoing uh all indication is that uh we if we don't speak out as civil society and all the people of Ghana to let the president and all his appointees understand that uh what K chronicled I don't want to go back to that is actually the fact and we must all all be willing and leave rhetoric behind if we want to fight corruption remember in 2017 when this came up one of the key things we said and we made a lot of submissions justifying why we need another body to deal with the issue of corruption until such a time that we have exhaustive remedy in doing so. Curing the mischief around article 884 but also curing the mischief of the attorney general not being able to prosecute his own during a regime. So in regime accountability was one of the key issues we were dealing with. Again, we see a citizenry who has seen the cost of corruption affecting their lives and believing that we need to do a lot more to ensure that we fight corruption. And so we continue to see citizens vote for the best alternative per their view with the policy alternatives that are preferred to ensure that we are being consistent in fighting corruption as a people. When you ask me h should the OSP h right requesting a fiat what fiat are you talking about authority >> for us so for us in civil society we do not see that happen we had a consensus in 2017 before the setup of the office that we would have standing authorization and this was discussed extensively when it went to the clause by clause h discussions it came up and the hazards from parliament also clearly show that there were alternatives that were preferred by this same attorney general when the discussion came up on the floor of parliament and let me paraphrase some of it. He clearly said there would be a challenge when the chairman at the time mentioned that they were changing the languaging of the authorization. He came back after they had changed to say that there would be a challenge and the speaker asked what he thought were the best ways for it and he indicated we could use an ally. He he said speaker asked him so what do you think we should do? He said we could use an LI or an executive instrument or a constitutional instrument.

[00:49:58]Don't we have an LI that was signed by the former attorney general, the honorable Gloria Eku at the time?

[00:50:06]>> We do.

[00:50:07]>> Act great. So if we have an ally that was signed and we all agreed that at the time by bipartisan consensus that we wanted this office, what authorization are we speaking to today? We are clear in our minds that the office of the special prosecutor has approval to one per its object investigate corruption and corruption related offenses. Number two, prosecute corruption and corruption related offenses and also offenses that have to deal with uh issues around procurement. Three acceptance prevention which I believe civil society is currently doing enough of. So for us our position remains same. I think K mentioned it. Seen has reiterated and I'm reaffirming that we believe that this is the case and until such a time that the current pending case at the Supreme Court for explanation states otherwise. Our firm opinion is that the current state of the office of the special prosecutor when he was asked to produce where he has the authorization he showed his law and he clearly added the LI and we believe that suffices and is more than enough and for any government let me conclude let me government for any government that wants to fight corruption we should not be seeing or hearing some of these h discussion and then we we do them solo and monologue and we expect that we will all agree and come to consensus. We want to fight corruption. If the president and his appointees do not want that then we can continue to do this to distract from the agenda and we will all see what happens as we go forward. I mean, Jacob, does this automatically suggest that the government doesn't want to fight corruption? I mean, this is the president who put together the constitutional review committee work to look really at the fundamental issues in the constitution and it is as a product of that we have a constitutional review recommendation that fundamentally addresses a problem you're talking about. That's that's a a president who again stopped his own people from passing a repeal bill to repeal the office of the special prosecutor.

[00:52:42]That shows a president at least the leader of the group committed to doing something more fundamentally about about the OSP and and the fight against corruption. That's enough.

[00:52:57]um it would have looked like that from the statements you've made but um in terms of the appointees and uh the party if you can call the members of parliament in the majority seat clearly are not going the way the president may be thinking and these are the the people who are actually leading or in in in in other words putting into action what the president should be speaking and so if you are not seeing that And that's clearly a contradiction in policy. So while the president seems to support the existence and function functionality of the office, the appointees as well as the members of parliament or the majority side or in favor of the government are doing otherwise. And this is where there need to be some I would say reassessment from the president's point of view to call his appointees to order and make sure they are in line with whatever he is thinking. But even um apart from that what what we are trying to push is that if we we go by what the con constitutional review committee has done >> then clearly there are delays in terms of execution because the report was submitted when last year ended >> and as of now the full report is not even out. um whether or not there would be a white paper or I think a research paper or some sort of a paper would have been produced we are yet to see and so this is what civil society is pushing and if you know this is the way forward then why don't you channel energy towards executing the proposals from the constitutional uh review committee that would have made everybody um that would not have led to this excesses of where cases are being stored and This is a retrogression for the fight against corruption in the eyes of civil society and the Ghanaian citizenry at large and that is what we want to prevent. So are we seeing any effort by the government after the work of the constitutional review commission in terms of their proposal any step forward um evans you are in the media you have been asking the question if I may ask is there anywhere is there a timeline that have been given by the the president in terms of bringing to fruition what the proposals of the constitution review commission is no we don't have that they are they are entrenched and they non- entrenched clauses that needs to be worked on. Even for the non- entrenched where you have a super majority, we are not still seeing any action being taken.

[00:55:38]So this is clearly not in line. I mean there there's no alignment with what the president is saying in the actions we are seeing and that is where we are raising the concerns we are currently. I mean, you say you're raising concerns, but but Mary, back to you again on what I see to be an implied admission in the statement that the OSP really isn't the solution because the the statement says for two decades, Ghanaians have made it clear that they want an independent public prosecutor separate from the AG to prosecute crimes generally. The OSB is not independent. is the reason why in the framing of the OSP act we didn't put independent to his name. We said the office of special because you admit that it's not independent because his authority derives from that of the AG and so the there's an ultimate objective and I see that that you said that OSP is a first step that in itself is an admission that you you will concede that it is not an adequate step. It is a first step towards achieving the ultimate objective. Isn't that why we are seeing the legal challenges we're seeing currently that anybody could predict will happen? In fact, at the time when this was being passed, there are many who said, I've heard there's a famous quote by one of the um key brains behind the passing that somebody could drive a truck through that legislation that created the OSP. You admit that. So why is there so much human cry over this when we all accept that the OSP office as currently created by an act of uh by an act doesn't really address it fundamentally and only a constitutional body will fix the problem in a more fundamental sustainable way.

[00:57:25]Mary um I believe Mary's line may be may >> I am I am I am I am here. Yes good our call and even when they if you followed the process through which this law was passed and the office set up civil society was very clear in our minds what we wanted.

[00:57:53]>> Mhm. And our memorandum that we sent stated as much, we wanted an office that was written into the constitution that has independence both substantial and procedural independence.

[00:58:13]We wanted that because there was already anticipation that some of these shenanigans would happen.

[00:58:23]>> And so for us, we were very clear in our minds from the beginning that we wanted a body fighting corruption that was independent. And let me add that when the Nakab one by Nakaban I mean the national anti-corruption action plan that was adopted by parliament in 2025 uh 205 uh 2005 for implementation uh which uh during the tenure of our current president indicated an option which was to set up an office in the attending general uh who is who would be prosecuting anti-corruption independently from there.

[00:59:13]Then the former president Nadu also in his manifesto indicated something different and he won. So we supported the cause to get something done. So we went there was a deviation from what Nakap once said >> but we wanted both substantial and procedural independence of the office written in the constitution and so for the medium term this is what we thought was the best alternative to fighting or prosecuting the agenda of anti-corruption more vigorously until We cured the article 884 issue.

[01:00:01]>> So, so the path so the path was an unconfitutional path I guess is what the challenge is.

[01:00:08]>> No, NO, IT IS NOT unconstitutional >> because that's the AG's that's the that's the AG's argument fundamentally.

[01:00:15]So, so you see we all have our opinions and certainly the AG has his we also have ours and Evans I indicated clearly that admittedly in the beginning he didn't h want an office like that because he thought he departed from the constitution BUT AT THE END OF THE DAY I have told you exactly some of the things he said in his h submissions on the floor of parliament >> and so we all came to a consensus and you see Evans will make gains and people concede to superior arguments because they believe it enals to the generality of the populace. And so if you agreed yesterday, we all agreed that people can change their mind. But you cannot unagree when you have opportunity to better the process. That is not acceptable. And that is why we are saying that we are a people who are ruled by law. But the law doesn't h we we don't take it hook like and sinker.

[01:01:20]Are we saying that we we do all the things that the law says? I don't believe so. We are people that's why we go to the courts for the courts to interpret when we do not understand and that is why we are in the Supreme Court and civil society would want to be part of this process to understand where the Supreme Court is taking all of us and that is not all that's why we also come from the previous position in 2017 and even before that APRM there we mention same fiago commission e we mentioned same. So it's not just today. We have been going this route for over two decades if you have followed and we understand that we want a properly fitted institution that would fight corruption like we have in other nations.

[01:02:13]>> So so so that so that is a that is the ultimate goal. But you are not there yet. What you have is what you have.

[01:02:20]>> No what we have is an agency that has legal challenges with it. No, it's not it's not >> which is currently what is what what is being played.

[01:02:29]>> Big mistake about governance. Governance is not just about laws. It's even more about values.

[01:02:36]What values are we governing our country with? Do you need to be told every single thing? Raise your leg here. Be nice and give an old lady to pass. If that will catch you when you are sitting and old lady with is is standing, you get up and then you sit. Let her sit.

[01:02:52]that we should write in the law. We shouldn't do that. The American constitution is not as bulky as ours.

[01:02:59]Their constitution, their democracy has lasted long because they've had a certain constructive value system shaping how they manage their laws. We know we have a black and white limitation. We found a black and white mechanism to go around it to deliver a certain value system we want and a certain policy object that we all want.

[01:03:21]Why do we come back to fight it? If there's any conversations, how you make it better? So if you have a government that's in office today and they actually think that there's there's a gap with this particular institution which we can rather make stronger, take the steps for it. take steps one to actually even prevent things like this from happening and if something like this is even happening for the policy object and essence of this which represents the will of the people survey and see if Ghanaians would largely not tell you that they want to have an independent prosecutor they want to >> the Ghanaians want it but >> no they want they want it right there's nothing illegal about what's that that's what there's nothing illegal about what has happened We've tried to find ways around the constitution and it's a matter of perspective, a matter of opinions. How do we define this so that it reflects the policy essence of the time? There was a time that when you are doing contract, the only way you actually serve somebody by by by by by sending it by by post that was it today we are accepting email >> even WhatsApp accepting WhatsApp. We even being served um what do you call it court documents now by WhatsApp. Yeah, >> you know times evolve. So you have seen that there's an evolution. There's a certain agency in the time. I give credit to the former president. I give credit to the opposition in government at the time who cooperated and work with them. And in all honesty, Dominic Aini is one of the finest brains we have here. Everybody who was part of that process gives him a lot of credit for making it become as competent a law as we have today. He should be the last person we should be seeing trying to go around it and going against it. You should be there to protect it and take steps to actually strengthen it. With this thing happening there, it's it's a heartbreak for me. Let me very This is a big big heartbreak for me. And I think the president must realize that ultimately his governance is driven by policy. He must show that direction. We can't have people take one step and the president say another. Then we should have allowed Dafir Makm to actually move to repeal the act. That would have been a more legitimate process that you repeal the act than to try to come and try and declare the act almost null and void. Look at all the prosecutions that are going on. Look at the sums involved and all of a sudden we spend so much money, the people's money to help recover and actually set more a certain preventive construct within our our country. Everybody thinks about the special prosecutor whether you like it or not, whether he's got a case for you or not. Everybody thinks that one day he will get it right and then you it could be you who could be the scape goat and it's it's okay. It helps keep people in shape. Please let's stop what we are doing. The constitution drives a promise. The constitution is not just a legal document. It's a promise on how we as a people want to live. And we have committed to justice, freedom, probility and accountability. Our directive principles of state policy is very clear from 341 that every single arm of government, every single citizen must look at our constitution, must look that their policym in light of that particular promise of delivering property and accountability. And that's why it tells us to eradicate corruption.

[01:06:38]If we've created this, it may not be the perfect construct, but our value system should make us deliver a perfect construct. But what we are doing our value system is actually doing the reverse. We want to be a people who must be told almost everything. We know what we want to achieve. It may not be so perfect in black and white but our conduct and our management of it must deliver that promise to the people of Ghana. This country and the sovereign will of the people is where power right resides. So please please please NDC don't get over excited about your popularity. It is conduct unnecessary unnecessary conducts like this that eradicate your popularity. You are popular today doesn't mean you'll be popular next year. It doesn't mean you be popular in two years. The success of last year's economy does not mean to be the same success of next year's economy.

[01:07:29]It doesn't mean that Ghanaians will always be remembering that that great work you did last year. People vote and people take decisions looking forward at their interest. When they start seeing you doing this, people start thinking that you want to come and loot the root that you came around to tell people, aura, aura. You will now be the real aura.

[01:07:51]Are you?

[01:07:53]>> Let me bring in K on what civil society believes is the is the big solution.

[01:08:00]>> And one note, you know the oral the oral fight that the the attorney general is has been working. Look, >> I have followed his work. He's been managing it very brilliantly and the two of them he and Kissi Kissi is a student.

[01:08:14]I mean Ki is his mentee.

[01:08:17]>> We should have had a very perfect situation where we have an attorney general and an cooperate, share information, share skill, share knowledge on how to optimize this fight against corruption because we have an attorney general who is big on aura.

[01:08:31]>> We have an OSP who has also have to deal with corruption. Both of them are supposed to work hand in hand. what is happening is not healthy. It's an embarrassment to the great harmony that you guys have once had. And I think that Ghana will be best if you guys can work together well and deliver that which will help transform the ethos of this country. Corruption is eradicating the ethos of this particular country. The value system is being destroyed by corruption. Our children are not going to be in a better Ghana if we continue this way. So please NDC don't be complicit >> and and let's talk about that big ultimate solution which civil society pitched as one of your last points and K of Immani there. Uh this is to you I mean you make the point that the the solution to this back and forth around the OSP is entrenching a provisional constitution uh that creates an independent public prosecutor.

[01:09:28]Isn't that where civil society's efforts should be right now?

[01:09:34]Trying to convince the government or put pressure on the government to implement the constitutional review uh committee's recommendations which includes this.

[01:09:45]>> Yes. Um in fact one would think along those lines if we want to be upfront with the matters I think um having worked as a pre-publication uh or haven't worked um with the constitutional review committee uh for the report I think there were some provisions I came across some recommendations I came across uh where recommendations are made to strengthen the office of the special prosecutor and make it more independent to make it resilient enough so it does not have to um go through some of these uh unwanted circumstances and I think the constitutional review committee did not um act in isolation.

[01:10:40]there were extensive consultations.

[01:10:42]So it would be in the interest of the government to consider the constitutional review uh committee's uh recommendations extensively um especially in trying to make the office of the special prosecutor uh more independent. there are recommendations where um it it's going to fledge into something more sustainable and about the issue of performance that keeps popping up in this conversation. It's it's unfortunate but this is this is an institution that is barely 10 years old.

[01:11:21]I mean we are talking about comparatively the AG's office is many decades old and it definitely started from somewhere and it is where it is today. Even with that, Miganians were still not convinced that um they were independent enough and that is why civil society together with a lot of Ghanaians came together and advocated for um a special arrangement.

[01:11:54]So we we we we see it as well I mean civil society is not arguing that the OSB should operate without accountability.

[01:12:04]Um I think what civil society is resisting is a return to an era where politically exposed persons are effectively um prosecuted by politically exposed person and basically I think that is that is something that that matters most. it it it's an anchor point in the letter you know so for us at Imani and collectively with uh civil society um we feel the solution um goes beyond um the attorney general asking for a fiat to be requested or it can be issued then that would be a bad president for the OP and in fact Ghanaians would be furious if that should happen because then what what happens to all the other cases then we will just be enforcing the position of the the high court that acted in a hurry you know but I think we're not looking at it from a certain perspective which Franklin president joked about it lightly on social media um that this was the institution the anti-corruption institution that exonerated President Maama in the Airbas.

[01:13:29]>> If this same institution did not have the prosecutotorial authority to exonerate him, are we going back to revisit the Airbus scandal?

[01:13:39]You know, so we need to be more accommodating and collaborative in the fight towards corruption.

[01:13:50]power belongs to the people and we've seen over the period what complacency does uh to partisan politics.

[01:14:00]>> Ghanaians are at a pace where we're sick and tired of being sick and tired and we're hoping that we can evolve and transition from our current um circumstances, our current mand and move towards a more sustainable government.

[01:14:19]Yeah.

[01:14:25]>> I mean, I've heard a lot of people who know the relationship between the special prosecutor and the attorney general um comment on some of these issues sensitively that the the the special prosecutor is is a student of of the attorney general. So I would have expected that there would have been a lot more collaborative effort together with >> I mean if if you read if you read Martin the former OSP he believes that that relationship is broken down beyond repairs. I want to bring in Jacob with a CDD. Uh Jacob, it was you who questioned uh the delay in the implementation of the constitutional review committee's report, but but do you think the civil society has done enough in piling the pressure on the government to implement those recommendations? Is you you're right. It's been months now, almost 5 months since the report was submitted.

[01:15:22]Um I doubt if I've seen a coordinated civil society position demanding action press conference. You know you know what civil society does that's what you do on this particular matter of compelling the government to proceed to implement. You think you guys have done enough.

[01:15:41]Admittedly, I have to say this will be the new focus for civil society especially when when um we we were hoping that the government would have itself taken the steps to start the process but we it's one of the things I know CDD submitted to the presidency when he held the meeting with the CS >> CSOS that yeah that it is one of the things that is delaying and we needed to take steps on it. So for sure civil society may have to reconsider this in order to push this agenda forward because the delays are um again as we see in this very case if that has started then indeed we are hopeful that this would have been resolved maybe before all this whatever effect that we are seeing come about. So clearly it is something I believe civil society would have to channel effort into to help. I mean it it goes to handle a lot of issues that um in terms of governance in terms of jud all the sectors that we believe the constraint review commission has tackled is something that if we are able to go through with it we are going to indeed see some very positive outcomes for our governance system. So I would accept that civil society will have to focus more attention on coordinated effort to get the government to initiate steps in um getting the con proposals executed. And we're talking about consider proposals as it relates to the independent uh prosecutor's office and and Mary >> if that uh ambition materializes today as in there's a constitutional uh review and implemented so to speak that then enacts in the constitution an independent office. What will that mean for the office of the special prosecutor? How have you envisioned it?

[01:17:41]>> It it's a beautiful structure and you know what the constitutional review committee has proposed is for setting up an office of ethics and anti-corruption.

[01:17:58]Uh when you go to places like South Africa, they have that. We also have something like that in um Uganda uh which they call the office of government inspectorate.

[01:18:11]Uh there are similar versions in other countries which I I do not want to go too exciting. So that would then deal with the matter of ethics which has become a big challenge for all of us in country. uh our values and our ethos which were uh also anticipated in Nakap one which has been brought back into Nikap 2 the national ethics and anti-corruption action plan and let me say that plan also envision that we the proposals across the country per the interactions and engagements the committee that was launched by the chief of staff uh July last year or do was that the people are clear in their minds that we want an office of special prosecutor written into the constitution. And these discussions have featured very prominently in the recommendations of the constitutional commission committee. now because we uh presented papers, we presented many submissions to that effect.

[01:19:28]I'm I'm curious though. I'm curious if this recommendation is implemented and now we have the independent public prosecutor, will that automatically kill the office of the special prosecutor as we currently have it?

[01:19:40]>> NO, IT'S NOT killing it, but it's bringing it together uh with all the other h institutions that deal with issues of I mean it won't replace it.

[01:19:50]>> It won't replace it. It's going to exist by >> No, it's not replacing it. No, that has not been the discussion. For all of us who have been part of this process from the beginning, we know it is not replacing it. We are having and if you read the constitutional review commission h sorry committees report the brief we have >> it clearly states that that this office would be uh put together what we call the OSP. now and then also add on board the other issues of ethics >> and will do a lot more to enhance their powers to be able to deal with the unexplained wealth and uh the issues around the lifestyle audits and uh issues around ethics which we currently as a people have not dealt with when it comes to uh sanctioning uh just administratively. years but not done very well and that is why a president will come into power and decide that he's developing a code of conduct for his appointees. So this is going to be an office that deals in more but then substantively it doesn't also take away some of the issues that sh deals with >> and and you realize that the the committee clearly indicates that some of the things Shre is currently doing would also then be se to the ethics and anti-corruption commission to ensure that sh is more focused on its mandate of human rights and also admin justice.

[01:21:24]>> Okay and and s let me end with you. So what now? We all waiting for the Supreme Court's decision and you know what they say, coming events cast the shadow.

[01:21:34]We've seen a lot now that tells you possibly what could cause potential.

[01:21:38]What do you want to see?

[01:21:40]>> I think that the the Supreme Court has a perfect opportunity to put the matter to rest because what they say becomes law and all this confusion, you know, is is brought to Papa not. They are required under the directive principle of state policy to actually interpret this constitution in line with those commitments clearly clearly stated in there and those directives in there.

[01:22:04]This state must eradicate corruption.

[01:22:08]We have a constitution that is not just a legal document. It is a promise to the people of Ghana, to our children, our children's children. It's a promise that commits us to freedom, justice, probate and accountability. Having the office of the the special prosecutor is aimed at delivering that because the current construct was not able to deliver that under the constitution. We don't necessarily need to change the constitution. We have to look at it from a modern purpose approach and interpret it right to deliver that aspiration to us as a people. You have a perfect opportunity put Ghana on the right path but I would have preferred that the AG will change its submissions reddraft its arguments. I mean this arguments can always be looked at dependent on what your policy orientation is. So this for me is not just a piece which is academic because there is strong arguments from anybody. The AG I believe should be defending us the people of Ghana and we the people of Ghana believe that our OSP must maintain its independence as far as it prosecutorial powers are concerned as currently structured with the acts and the again led by the office of the attorney general which has already been done. So let us live let us get the process right. Let's regain confidence from the people of Ghana that we have a government that's really committed to the fight against corruption. Don't say you have saved our dollar, our city from further depreciating. So now you're making us feel as though it's time to come and chop us back. That's not what you intend to do. That's not what you intend to say. But that is the picture you're unfortunately creating. And Ghanaians, I tell you, they forget all you've done yesterday.

[01:23:51]>> They will hold you to account. Your popularity will win unnecessarily. You have a splendid opportunity your excellency to be the man with the greatest legacy of all time and not just even being the president who would have served the longest step ever possible.

[01:24:07]>> Yeah, Seor, thank you very much. Enjoy the rest of your evening.

[01:25:16]How may I help you today?

[01:25:17]>> We'd like to open a bank account.

[01:25:26]Sigh here. Sigh here. Sigh here and here.

[01:25:33]And now.