Mahama Ayariga and Dafeamekpor Draft Bill to Scrap Office of the Special Prosecutor

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A major move to scrap the Office of the Special Prosecutor (OSP) has emerged in Parliament, as Majority Leader Mahama Ayariga and Majority Chief Whip Rockson-Nelson Dafeamekpor submit a Private Members’ Bill seeking the complete repeal of the Office of the Special Prosecutor Act, 2017 (Act 959).

The Office of the Special Prosecutor (Repeal) Bill, 2025, dated December 8, proposes returning full prosecutorial responsibility for corruption cases to the Attorney-General, in line with Article 88 of the Constitution.

The memorandum accompanying the Bill argues that the OSP’s eight-year existence has exposed serious structural and constitutional issues that limit its effectiveness. It notes that the creation of the OSP in 2017 resulted in overlapping mandates between the Special Prosecutor and the Attorney-General, creating institutional conflicts, duplicated functions, and unnecessary delays in corruption-related criminal cases.

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According to the sponsors, the dual-prosecutor arrangement has produced inefficiencies rather than strengthening Ghana’s anti-corruption efforts. The memorandum also cites the high operational cost of running the OSP, which it says has not resulted in a sufficiently measurable impact relative to its annual budgetary allocation. It highlights concerns over fragmented prosecutorial policy and difficulties in sustaining long-term institutional capacity due to parallel administrative structures.

The Bill proposes that anti-corruption prosecutions be consolidated under a strengthened Attorney-General’s Office, which would operate a specialised anti-corruption division. This, the lawmakers argue, would improve accountability, coordination, budget control and the deployment of skilled prosecutors and investigators.

If the Bill is approved, all anti-corruption prosecutions would be placed solely under the Attorney-General, aligning with constitutional provisions that vest prosecutorial authority exclusively in that office. Transitional costs associated with integrating the OSP’s work into the Attorney-General’s Office are expected to be managed within existing budget allocations.

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Clauses 1 to 4 of the Bill deal with repeal and transitional measures, with Clause 1 formally repealing Act 959 while preserving lawful actions, regulations or instruments made by the OSP before the repeal.

The introduction of the Bill is expected to spark widespread national debate on the future of Ghana’s anti-corruption architecture. Many analysts anticipate strong public interest and political scrutiny over whether eliminating the OSP will strengthen or weaken accountability systems.

Meanwhile, President John Dramani Mahama has rejected calls to abolish the OSP, describing such demands as premature. He has urged the public to give the institution more time to deliver on its mandate.


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