Home News Ayikoi Otoo Urges Special Prosecutor to Appeal Court Rulings Instead

Ayikoi Otoo Urges Special Prosecutor to Appeal Court Rulings Instead

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Nii Ayikoi Otoo

Former Attorney General Nii Ayikoi Otoo has criticized the Office of the Special Prosecutor (OSP) for relying heavily on press briefings to respond to judicial setbacks on The Forum on Asaase Radio on Saturday, December 13, 2025.

Ayikoi Otoo, who served as Attorney General from 2006 to 2007, said the Special Prosecutor should focus on testing High Court rulings at the Court of Appeal rather than holding press conferences. He noted that appellate decisions are binding and can provide clarity on complex legal issues, arguing that the approach fuels public frustration and undermines confidence in anti corruption efforts.

The former Attorney General cited a recent dispute involving private lawyer Martin Kpebu and a high profile case with a former sanitation minister, saying public attention on these controversies has heightened calls to abolish the OSP. He stressed that corruption has never stopped and will not stop unless the fight continues, while acknowledging that delays in prosecuting corruption cases are part of the legal and institutional challenges the office faces.

Ayikoi Otoo said public dissatisfaction with the OSP stems from a perception of limited results, urging the office to focus on substantive actions to restore confidence in Ghana’s anti corruption framework. He emphasized that the appellate system exists because judges can make mistakes and holding press conferences because of lost court cases is not the best approach.

The criticism comes as President John Dramani Mahama asked Majority Leader Mahama Ayariga and Majority Chief Whip Rockson Nelson Dafeamekpor to withdraw a Private Member’s Bill seeking to repeal the Office of the Special Prosecutor Act. The request followed the President’s endorsement of the OSP as a critical institution in Ghana’s fight against corruption during a meeting with the National Peace Council.

President Mahama described calls to scrap the OSP as premature and argued that the focus should be on strengthening the office rather than dismantling it. The repeal bill, introduced on December 8, 2025 by Ayariga and Dafeamekpor, seeks to return full prosecutorial authority over corruption cases to the Attorney General. The bill cites structural and constitutional challenges, duplication of functions, and high operational costs as reasons for abolishing the office established in 2017.

Political scientist Prof John Osae Kwapong, a democracy and development fellow at the CDD Ghana, described calls to dissolve the OSP as both surprising and disappointing. Speaking on the same radio program, he argued that the institution remains critical to the country’s fight against corruption despite growing public frustration over its pace and outcomes. He noted that the original reasons for creating the OSP to independently investigate and prosecute corruption and corruption related offences in government remain very relevant.

Prof Osae Kwapong questioned proposals to scrap the office without offering a viable alternative, pointing to what he described as the structural limitations of the Attorney General’s role. The OSP was established to operate independently of the Attorney General’s Department, which critics have long argued lacks the autonomy to prosecute corruption cases involving sitting governments.

While acknowledging public impatience, Prof Osae Kwapong said corruption cases are among the most complex to investigate and prosecute, often requiring years of painstaking work before convictions or asset recoveries can be secured. He cautioned against judging the OSP solely on short term outcomes, noting it takes more than seven years for a new institution charged with fighting corruption to produce demonstrable results citizens expect.

Majority Leader Mahama Ayariga confirmed on Friday, December 12, 2025 that the Majority caucus will reconsider its decision following the President’s request. He stated that he has always had confidence in the wisdom of the President and will take the request on board to think about their actions regarding the repeal bill.



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