The cancer of a Special Prosecutor that has infected the OSP for the past two years cannot be allowed to metastasize to infect the healthy working relations between organic law enforcement, the citizen, and the administration of justice guaranteed under law. Consequently, patriotic citizens ought to be protecting the 1992 Constitution and the sanctity and independence of the judiciary by invoking the provisions of Section 15(3) of Act 959 for the removal of the Special Prosecutor from office.

The Parliament of Ghana has not proven itself in similar situations of military brutalities on citizens of being capable of providing a non-partisan and non-transactional solution or remedy unaffected by its self-interest. The ball must be left in the hands of constitutional defence activists and human rights lawyers who can speak truth to power through the process of lawfare. The 1992 Constitution must be defended at all costs.

The certified true copy of the ruling of the High Court vindicates my published opinion on 7 September 2023 and dated 6 September 2023 which should be read alongside this discourse for a holistic understanding of the necessity for the OSP remaining a professional law enforcement institution and not an unlawful and unconstitutional unruly monster. A rogue law enforcement institution becomes itself a crime scene needing to be cleansed to uphold the integrity of Act 959 and the 1992 Constitution.

Kissi Agyebeng appears to have personalized and politicized investigating the Cecilia Dapaah case as though he has a hidden agenda to use her to prove his competence as a Special Prosecutor. Should Ghanaians allow Kissi Agyebeng to turn the OSP into an unruly unconstitutional monster, then no citizen will be free from his inquisitorial and prosecutorial tentacles. Kissi Agyebeng used the OSP to violate constitutional rights of those citizens involved in the Labianca case; he abused Professor Frimpong-Boateng’s right to presumption of innocence; and it is now the turn of Cecilia Dapaah. It will be YOU the next time, should we all keep quiet.

The Ghana Police Service should as a matter of urgency and fairness investigate sources of alleged leaks as mandated by Section 74 of Act 959, and the Special Prosecutor will have to be the subject of this investigation himself to establish which authorized officers committed the offences. The Police cybersecurity department is capable of tracing the sources of the video and other publications on social media. The integrity of the OSP is clearly at stake if the presumption of innocence guaranteed the citizen is to be protected.

The Attorney-General’s press release of 4 July 2023 is an attempted smokescreen to gag citizens’ fundamental rights and freedoms. His insinuation that legitimate criticisms of investigatory and prosecutorial functions of his office “unduly interferes with the work of State Prosecutors performing their constitutional function of prosecuting crime in Ghana” ignores provision under the 1992 Constitution, which proscribes that sovereign people of Ghana may hold to account State Prosecutors who allow themselves to be misused to abuse the very prosecutorial constitutional function they purport to perform in aid of an oppressive Government whose aim is to weaponize the system of criminal justice administration to achieve electoral political objects in an election cycle.

The Government’s attempt to escape investigation for suspected corruption arising from the Gold Mafia documentary and confessions of Alistair Mathias, the President’s good friend, through the side door of a purported threat of a defamation action is arbitrary, lacks candor, and constitutes a blatant abuse of the powers of Government under the Constitution. It is too late in the day for the President to be allowed to run away from consequences of his own endorsement of the “Anas Principle” [you may never know that the person you are giving the bribe to or receiving it from may be an undercover agent]. Nana Addo is now reaping what he sowed.

Nana Akufo-Addo would not have abused the spirit of Chapter Seven (7) of the 1992 Constitution on the sanctity of the right to vote and the Electoral Commission if We the People had not in the past five and half years condoned the Government’s several abuses of power and impunity. By failing to act to defend our Constitution, we emboldened him to ignore the views of the majority of citizens and to do as he pleases. But all is not lost. Nature has its own way of dispensing justice to humanity

By abusing its investigatory and prosecutorial powers and mandate, and by publishing the Labianca report, the Office of the Special Prosecutor has disabled the OSP from any fair and impartial investigation of outstanding matters in the complaint made by Frank Asare to the Office on 16 November 2021. This critique reveals the Labianca report to be contrary to the Constitution and insufficient grounds for consideration for the removal of public officers from office without a trial and conviction by a court of law, instead of a deliberate trial in the court of public opinion.

One cannot claim the rights of an Honourable Member of Parliament when as a Minister one created suspicion of looting the national purse and deliberately running to Parliament (in anticipation of one’s his Government being voted out of office) to escape justice through the subterfuge of immunity. The President was elected with a national mandate to fight corruption. The Speaker and the Parliamentary Minister have created the impression that there is a mismatch between their perception of who must be investigated and prosecuted for suspected looting of the public purse, and the President’s vision and determination to prevent future looting by fighting corruption within his first four-year term. However, the Speaker and the Minister for Parliamentary Affairs have no national mandate to undermine the President’s executive authority to enforce the law through the instrumentality of his policing and prosecutorial powers. Only the courts of law can contest his authority.

There is an unsavory development in which some politicians - particularly some Members of Parliament and other political office holders – have cultivated the dishonourable habit of under-rating the intelligence of We the People by filling the press with half-truths. They misrepresent the injunctions of the Constitution and laws of Ghana to court cheap public sympathy any time one of the law enforcement agencies executes the law against one of them for the suspected commission of crime. I hate the hypocrisy, double standards and audacity of the Minority in Parliament to unlawfully and unconstitutionally impede police in the performance of their duties contrary to their very oaths of office as Members of Parliament, simply because their colleague is now under suspicion of crime in relation to the stinking AMERI contracts. Being a Member of Parliament cannot be used by former Government Ministers as an insurance against the commission or suspected commission of crimes. Ghanaians, be alert!

Is the fight against bribery and corruption amongst the political elite in Ghana a mere political slogan for winning political power, which signifies nothing? Parliament has concluded proceedings in respect of the allegation of bribery, and transformed it into an allegation and punishment of Honourable Mahama Ayariga for contempt of Parliament. However, there is no express or implied complaint, allegation or charge of contempt of Parliament made in the Terms of Reference against Hon. Mahama Ayariga personally or any other person to ground any power in the Committee to make findings and recommendations of contempt of Parliament. Analysis suggests that the constitutional oaths of the Speaker and of members of Parliament, from both sides of the House, were each abused and violated just to protect the suspected commission of the crime of bribery and corruption in Parliament, instead of transparently maintaining the institutional integrity of the legislature.

Government has for some time been acting unconstitutionally with an unregistered and fraudulent Tiger Eye PI in promoting an Orwellian Big Brother State and McCarthyism in this country which must be fought before Ghana becomes fully an autocratic one party state.

Exposing a farcical state of affairs where corrupt judges are removed, corrupt attorneys are rewarded and corrupt politicians are protected. Government ingenuity insures that part of the truth is suppressed and allows public anger to be turned away from political corruption to the judicial scandal. But the truth will always stand, no matter how long it takes to come to the light.

A perspective on President Mills’ executive judgment overruling the judgment of the Supreme Court being an unconstitutional decision, and one that goes against the founding principles of the NDC.