Former Speaker of Parliament, Prof. Aaron Mike Oquaye, has cautioned against the growing number of prosecuting institutions in Ghana, warning that it could create constitutional conflicts and weaken the administration of justice.

Speaking on Channel One TV’s The Point of View on Monday, December 15, Prof. Oquaye raised concerns about the continued operation of the Office of the Special Prosecutor (OSP), questioning its effectiveness after more than four years in existence.

He asked what tangible outcomes the institution had achieved to justify its mandate.

Prof. Oquaye referenced Article 88(3) of the 1992 Constitution, which vests the authority to initiate and conduct all criminal prosecutions in the Attorney-General, either personally or through persons authorised by law.

He cautioned that any deviation from this constitutional framework could have serious legal implications.

“A time may come when people will go to court and have their convictions quashed because of who prosecuted them. It can happen on a legal technicality,” he warned.

According to him, rather than creating multiple prosecuting bodies with overlapping mandates, Ghana should focus on strengthening existing institutions, particularly the Office of the Attorney-General, to ensure efficiency and constitutional compliance.

The former Speaker also expressed concern about certain prosecutorial practices, especially in relation to bail conditions.

He criticised the requirement for accused persons granted bail to provide personal property as security, describing it as potentially discriminatory against the poor.

“How can a prosecuting body ask that an accused person who has been granted bail bring his personal property as security for the bail? If you are a poor person, can you be bailed?” he questioned.

Prof. Oquaye argued that the multiplication of prosecuting authorities creates confusion, encourages the abuse of discretionary powers and ultimately undermines public confidence in the justice system.

In his view, a well-resourced and empowered Attorney-General’s office would better safeguard constitutional governance and the rule of law.

His remarks come amid renewed debate over the future of the Office of the Special Prosecutor.

Last week, Majority Leader Mahama Ayariga announced that the Majority caucus had withdrawn its Private Member’s Bill seeking to repeal the law establishing the OSP, following a request from President John Dramani Mahama.