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What is the role of the Special Prosecutor?
The decision to appoint a special prosecutor rests with the attorney general or with the president.
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The Special Prosecutor is a lawyer appointed to investigate, and potentially prosecute, a particular case of suspected wrongdoing for which a conflict of interest exists for the usual prosecuting authority. Other jurisdictions have similar systems.
For example, the investigation of an allegation against a sitting president or attorney-general might be handled by a special prosecutor rather than by an ordinary prosecutor who would otherwise be in the position of investigating their own superior.
In some countries, the decision to appoint a special prosecutor rests with the attorney general or with the president.
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In the case of Ghana, President Nana Addo Dankwa Akufo-Addo has assured that his government will surely create the office of the Special Prosecutor which he has created despite stiff opposition.
The New Patriotic Party in its 2016 manifesto promised to set up such controversial office to fight corruption in the country.
The "Office of the Special Prosecutor, who will be independent of the Executive, to investigate and prosecute certain categories of cases and allegations of corruption and other criminal wrongdoing, including those involving alleged violations of the Public Procurement Act and cases implicating political officeholders and politicians," the NPP said its manifesto on page 39.
The issues of constitutionality that arise are:
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Will the Act of Parliament be an Act to amend the constitution or an ordinary Act of Parliament?
Can an ordinary Act of Parliament confer the power to investigate and prosecute cases of corruption?
Nana Addo appointed Martin Amidu as the Special Prosecutor of Ghana. He was vetted and approved by Parliament and sworn-in by the president.
In July, a nine (9) member Governing Board of the Office of the Special Prosecutor was sworn into office pursuant to section five of the special prosecutor act 2017 Act 959.
Section five (5) of the Office of the Special Prosecutor Act, 2017, (Act 959) provides that the Governing Body of the Office is a Board consisting of the Special Prosecutor, Deputy Special Prosecutor, one Representative of the Audit Service not below the rank of a Director nominated by the Auditor General, one Representative of the Police Service not below the rank of Assistant Commissioner of Police nominated by the Inspector General of Police, one Representative of the Economic and Organized Crime Office not below the rank of a Director nominated by the Executive Director, one Representative of the Financial Intelligence Centre not below the rank of a Director nominated by the Chief Executive Officer of the Financial Intelligence Centre, one Representative of the Commission on Human Rights and Administrative Justice not below the rank of a Director nominated by the Commissioner of Human Rights and Administrative Justice.
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They are the Special Prosecutor, Martin Amidu, the Deputy Special Prosecutor, Cynthia Lamptey, Representative of the Audit Service - Addae Wireko-Tawiah, Representative of the Police Service/ Director of Police CID- Maame Tiwaa Addo Danquah.
The others are Representative of the Economic and Organized Crime Office- Charles Nana Antwi, Representative of the Financial Intelligence Centre- Kofi Boadi Boakye, Representative of the Commission on Human Rights and Administrative- Charles Ayamdoo.
The rest are the nominee of the Minister responsible for National Security, Kwaku Domfeh and the female representative of the Anti-Corruption Civil Society Organizations, Linda Ofori-Kwafo.
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