Functions Of The Special Prosecutor In Ghana

In the NPP’s 2016 manifesto, the party promised to set up a controversial offìce to look into the issue of corruption.

This offìce was set up and named the office of the Special Prosecutor. The office which will be independent of the Executive arm of government, will be made specifically to investigate and prosecute certain categories of cases and allegations of corruption and other criminal wrongdoings.

This criminal wrongdoings include crimes which involve the alleged violation of the Public Procurement Act and cases implicating political office holders and politicians.

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A few months ago, the President of the republic of Ghana, Nana Addo Dankwah Akufo-Addo appointed Martin Amidu as the Special Prosecutor of Ghana for the first time since its institution.

A few months after being appointed, he resigned based on reasons best known to him. Soon after his resignation, a new Special Prosecutor was appointed. Mr. Kissi Agyebeng was appointed last month.

He is the second and current Special Prosecutor of Ghana. By law, the appointment of a Special Prosecutor rests solely with the Attorney general or the President of the country.

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The Special Prosecutor is a lawyer appointed to investigate and potentially prosecute, a specific case of suspected wrongdoing for which a conflict of interest exists for the usual prosecuting authority. It should be noted that other jurisdictions have similar systems.

Below is a list of objects of the office of the Special Prosecutor.

The first objective of the office of the Special Prosecutor is to;

  • Investigate and prosecute specific cases of alleged or suspected corrúptìon and corrúptìon related offences.

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  • Recover the proceeds of corrúptìon and corrúptìon related offences.
  • Take steps to prevent corrúptìon.
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Functions Of The Office Of The Special Prosecutor

It is the function of the office to;

  • Disseminate information gathered in the course of investigation to competent authorities and other persons the office considers appropriate in connection with the offences specified earlier.

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  • Receive and investigate complaints from a person on a matter that involves or may involve corrúptìon or corrúptìon related offences.
  • Perform any other functions connected with the object of the office.

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