Weak Coordination Will Undermine Anti-Graft Institutions – IEA

Prof. Aaron Mike Ocquaye

The Institute of Economic Affairs (IEA) has called for stronger coordination among anti-graft institutions, arguing that the proliferation of bodies with overlapping powers could undermine the fight against corruption and the administration of justice.

Speaking at the IEA dialogue on Tuesday in Accra, former Speaker of Parliament, Prof. Aaron Mike Oquaye, said the country needed a single, well-resourced and properly trained institution with clearly defined investigative and prosecutorial responsibilities to effectively deal with corruption.

He said the various institutions involved in investigating and prosecuting corruption-related offences must operate within a clear framework under the overall authority of the Attorney-General.

“The process must be strong, clear, and non-proliferated,” he said.

Prof. Oquaye, who raised concerns about the powers of the Office of the Special Prosecutor (OSP), said that although the office had prosecutorial powers, it was not constitutionally independent of the Attorney-General.

He explained that the Constitution vested the Attorney-General with the primary authority to prosecute in Ghana, while other institutions could exercise prosecutorial powers under specific legislation.

“The Special Prosecutor has the power to prosecute. Fine. But they did not say that he’s independent,” he said.

He added that the Special Prosecutor, like other institutions with statutory prosecutorial powers, remained subject to the overall purview of the Attorney-General.

Prof. Oquaye also cautioned against the use of excessive powers by investigative institutions, particularly powers that could result in arbitrary arrests or prolonged detention.

He said while institutions needed adequate police powers to conduct investigations, such powers had to be properly regulated to protect the rights of suspects.

Prof. Oquaye said the proliferation of investigative and prosecutorial institutions could create uncertainty over which body had the ultimate responsibility for a case and potentially allow some offenders to escape prosecution.

“Everybody must be presumed innocent anyway until proven guilty, so there should be a clear coordinated prosecutorial system,” he stressed.

The former Speaker of Parliament further opposed the establishment of special tribunals for prosecuting offences, arguing that all citizens should be treated equally before the ordinary courts.

He said the country’s justice system should uphold equality before the law rather than create separate judicial arrangements for different categories of accused persons.

He, therefore, called for a clearly defined investigative and prosecutorial authority to ensure efficiency, accountability and consistency in the administration of justice.

On the role of Members of Parliament (MPs) in local development, Prof. Oquaye said MPs should not be directly involved in the execution of development projects as such responsibilities should remain with the Executive.

He said the arrangement created unrealistic expectations among constituents and contributed to public dissatisfaction with MPs when projects were delayed or not completed.

He argued that greater powers should be devolved to local authorities to enable them to manage key areas of development without excessive dependence on central government.

He cited the United Kingdom and the United States as examples of systems where local and sub-national authorities exercise significant powers within their respective jurisdictions.

On the constitutional review, Prof. Oquaye called for changes to institutions whose current structures, he mentioned, did not adequately serve the country’s developmental needs, while questioning the composition of the Council of State.

He, therefore, proposed representation from institutions such as universities, organised labour, churches, mosques and student bodies, with members serving terms independent of the tenure of the President.

He further called for greater independence for key constitutional institutions through institutional representation and appointments that were not tied to the tenure of the President.

Prof. Oquaye urged the Executive to allow continued public debate on the constitutional review process, saying institutions such as the National Commission for Civic Education (NCCE), think tanks and other stakeholders should have adequate opportunity to contribute to the process.

By Ebenezer K. Amponsah

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