Former Speaker of Parliament, Aaron Mike Oquaye, has weighed in on the ongoing legal debate surrounding the powers of the Office of the Special Prosecutor (OSP), insisting that no Act of Parliament can override the constitutional authority of the Attorney-General.
His remarks follow a recent High Court ruling which held that the OSP does not have the constitutional mandate to prosecute cases independently without the express authorisation of the Attorney-General, despite provisions in the Office of the Special Prosecutor Act, 2017 (Act 959).
Constitution takes precedence
Speaking in an interview with JoyNews, Prof. Oquaye described the court’s decision as expected, stressing the supremacy of the 1992 Constitution of Ghana.
“The constitutional provisions we give the Attorney General as the sole authority to prosecute cannot co-exist with another organisation until the law of the Constitution is changed,” he stated.
He maintained that any conflicting statutory provisions must give way to the Constitution, reinforcing the legal principle that it remains the highest law of the land.
Role in passing the OSP Act
Addressing questions about the passage of the OSP Act during his tenure, Prof. Oquaye clarified that as Speaker, he did not participate in voting but merely facilitated parliamentary proceedings.
Call for institutional strengthening
The former Speaker also criticised what he described as the growing tendency to create multiple institutions to address similar issues.
Rather than establishing parallel bodies, he advocated strengthening existing state institutions—particularly the Attorney-General’s office—with the necessary resources, authority, and independence to function effectively.
“All our institutions must be made stronger… give them every authority, every facility… so that they can deliver,” he urged.
His comments add to the ongoing national debate over the role and independence of anti-corruption institutions, and whether constitutional reforms may be required to clearly define prosecutorial powers in Ghana.
