If the Special Prosecutor Kissi Agyebeng feels that judges do not appreciate what goes into his work as well as the Act that established the Office of the Special Prosecutor (OSP), nothing stops Mr Agyebeng from engaging the judges through the Chief Justice’s training institution.
This engagement, he said, would allow the OSP to explain the Act that created the office and also what goes into its work.
“Nothing stops the OSP from engaging the judges through the training institution of the Chief Justice to train the judges and explain to them his work,” he said on the Key Points on TV3 on Saturday, December 16 in response to the recent lamentations of the OSP over cases he presented to the courts being dismissed.
Recently, the Special Prosecutor said it was also of the utmost importance that the judiciary should not interfere with investigation and prosecution authorities in respect of matters which are within their statutory powers.
He said it would be gravely inimical to public policy, the fight against corruption, and the administration of justice if the courts stepped into this arena to decide who should be investigated or prosecuted and who should not.
Bobby Banson further said that he disagrees with the assertion that the creation of the OSP was a waste of resources.
He said all that the OSP needs to be able to do its work is support and cooperation, especially from all the arms of government (Executive, Legislature, and Judiciary).
“The creation of OSP is not a waste of resources. All the arms of government must give the OSP the cooperation that is needed,” Bobby Banosn said.
He added ” The OSP deserves some form of credit for even going after government officials. The Office should be given the necessary support so that it will not fail.”
Another private legal practitioner Martin Kpebu also insisted that the establishment of the Office of the Special Prosecutor was not an action in futility.
Kpebu noted that the work of the OSP is a work in progress because the fight against corruption is a difficult task.
To that end, he disagreed with the Speaker of Parliament Alban Bagbin who, in making the call to separate the Attorney-General from the Ministry of Justice, described as an action in futility, the passing of the OSP Act 2017 (Act 959), arguing that the authority is embedded in the powers of the Attorney-General constitutionally.
“As for the law you passed on the establishment of the Special Prosecutor, I did tell you that it was an act in futility. You were not going to achieve anything from that but you went ahead to pass it. I disagreed with you but I was alone,” the Speaker said in Parliament on Tuesday.
He added “Because I was very clear that, that authority is embedded in the powers of the Attorney-General constitutionally.”
Speaking on this matter on the Key Points on TV3 Saturday December 16, Mr Kpebu said “The Speaker wants the A-G to be decoupled from the Ministry of Justice, this has been an old constitutional debate.
“In England they have the A-G separated from the Justice Ministry, which I support. But I don’t support the comment that the OSP is an act in futility.
“This is not an act in futility, the OSP is a work in progress. Corruption is a difficult thing to fight.”