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28th December 2023 10:03:02 AM
2 mins readBy: Phoebe Martekie Doku

Legal expert Justice Abdulai has expressed concerns over the decision of the judiciary to collaborate with the Office of the Special Prosecutor (OSP) in the fight against corruption.
He emphasized that the judiciary's role as a gatekeeper to ensure due processes are followed creates worries when partnering with the prosecutor.
Speaking on TV3's Ghana Tonight show, Justice Abdulai, also a law lecturer at UPSA law school, stated that the collaboration raises questions about the impartiality of the judiciary.
"This is rather a difficult situation that is arising. Considering that these are two state institutions, one is set up to ensure that law and order and due processes are duly followed and the other to ensure that people who are suspected of engaging in corruption are prosecuted, this makes one an accuser or a prosecutor and the other a gatekeeper for all the right reasons. So if the two decide to come to together it will definitely be a worry to everyone sitting on the fence and looking at this situation.
“It is a worry that the person who is supposed to be a gatekeeper by ensuring that the rights and privileges accorded to individuals whether constitutionally or otherwise, are respected appears to be in bed with the person who is supposed to be complaining and prosecuting, clearly, that can’t be a good thing for us to be excited about, This is a worry to all of us to ask questions and to appreciate why the judiciary will tak such a position.
According to My Abdulai, the partnership between two state institutions—one ensuring due processes and the other prosecuting suspected corruption cases—creates a situation where one becomes an accuser or prosecutor, and the other a gatekeeper.
He urged the public to ask questions and understand why the judiciary would take such a position, stating that it is a matter of concern.
The Joint statement issued by the Judicial Service of Ghana and the OSP on December 27 affirmed their commitment to suppressing and repressing corruption through collaborative enforcement of the law while upholding the rule of law and fair hearing.
The decision was made following joint engagements with stakeholders, including the Ghana Bar Association, civil society organizations, and the National Media Commission.
The move comes after Special Prosecutor Kissi Agyebeng raised concerns about judges dismissing cases presented by his office.
He cited instances where judges injuncted the OSP from arresting individuals declared fugitives from justice, leading to a perception that the judiciary was hindering anti-corruption efforts.
The joint effort aims to address the challenges posed by corruption and strengthen the collaboration between the judiciary and the OSP in combating corruption-related activities.
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