A member of the communication team of the New Patriotic Party (NPP), Lawuratu Musah-Saaka, has taken a swipe at the Special Prosecutor, Kissi Agyebeng, over the former’s recent criticism of the judiciary for supposedly meddling in investigations by his office, the Office of the Special Prosecutor (OSP).

Speaking during a panel discussion on Metro TV’s Good Morning Ghana, Musah-Saaka said that when the Special Prosecutor came into office, he put himself out as a commando against corruption but is now lamenting after a few issues.

She indicated that Kissi Agyebeng should man up because he is not in office to sell sweets and he is going to be faced with several bigger challenges than the ones he is complaining about now.

“If you come into an office and you tout yourself as the spirit and conscience of the nation, you must be ready to brace the storm.

“It is corruption you’re going to fight; with all due respect, it is not ice cream you are going sell,” she said on the programme.

The OSP is facing numerous difficulties, according to Musah-Saaka, the Deputy Executive Secretary at the Postal and Courier Services Regulatory Commission (PCSRC), because Kissi Agyebeng has not included the judiciary and other relevant parties in the fight against corruption.

“So, if you get to an office, you need to really look at how you would manage your stakeholders. But if you go and tout yourself as the spirit and conscience of the nation… people have that attitude of watching you prove that you are really the conscience of the nation.

“Other institutions are involved in this fight against corruption. How have you collaborated with them? How have you engaged with them?… the judiciary is a major stakeholder, how have you engaged them?” she quizzed.

Background:

Kissi Agyebeng coitized Ghanaian courts for allegedly interfering in the operations of his office, the Office of the Special Prosecutor (OSP).

During a press briefing in Accra on Wednesday, November 29, 2023, Agyebeng lamented the recurrent issuance of injunctions by justices of the courts, impeding the investigative processes of the OSP.

He emphasized that the court's role is to interpret Ghana's laws, not to dictate which individuals should undergo investigation by the country's investigative bodies, including the OSP. Agyebeng deemed it entirely inappropriate for the court to halt OSP investigations, asserting that such actions set an unfavorable precedent for criminal investigations in the country.

“… the duty and mandate of the courts is to apply and enforce the laws of the Republic and not to clothe persons with immunity from criminal investigations and prosecution. A court cannot injunct the OSP from investigating or prosecuting any person.

“The decision to investigate and prosecute lies with the investigation and prosecution authorities such as the OSP and the OSP has at all material times carried out its power to investigate with candour and professionalism being minded of the rights of suspects under its investigation,” he said.

He went on to say that the court's decision to halt two of its investigations is bad for the battle against corruption and might even cause murderers to ask for injunctions to prevent their cases from being looked into.

“The danger of this startling decision is once again obvious. A judge has granted two persons immunity from investigation for suspected corruption and corruption-related offences and hence immunity from prosecution.

“This decision opens up a calamitous deluge as every person under criminal investigation would be encouraged to take out suits to injunct investigation and prosecution bodies from investigating and prosecuting them. The real and present danger looms largely on the consideration that by so doing, persons under investigation would conscript the judiciary to clothe them with immunity from investigation and prosecution,” he said.

According to the Special Prosecutor, the investigations ought to go on so that the court can rule on the results.