Two Legislative Instruments (LIs) meant to empower the Office of the Special Prosecutor in the discharge of its duties have been laid before Parliament for consideration and approval.
They are Office of the Special Prosecutor Regulations, 2018 and Office of the Special Prosecutor (Operations) Regulations, 2018.
The two documents which are detailing of the framework of the law were laid on the floor of Parliament, Monday, on behalf of the Minister of Justice and Attorney-General by the Minister of Defense, Dominic Nitiwul.
The Special Prosecutor, Martin Amidu, who has been in office for barely a year has been lamenting over the absence of a regulation detailing the framework of the law to back the operations of his office coupled with inadequate resources.
His frustrations led him to openly spoke about the challenges he is facing in executing his responsibilities at the National Audit Forum organized by the Ghana Audit Service in September 2018.
“I am saying this for the public to understand that we have set up an office. We have to organize that office, have the requisite personnel. It does not take one day. The law says 90 days after the assumption of office of the Special Prosecutor, pursuant legislation must be enacted, but as I speak today, I have no legislation so I use my common sense.”
“The law says I can coordinate with other organization so I coordinate with the Auditor-General, I coordinate with EOCO, I coordinate with other anti-corruption agencies so as to find a way by which we can begin to work towards the ultimate end. I have warned that if most of these are not done be the middle of this year, then this office many not be able to been to be doing its mandate, because by middle of next year, we are in an election year. If I arrest someone, you will turn out and look at it; which party does he hold the insurance card for?”
The Office of the Special Prosecutor, established by Act 2017 (Act 959) as a specialized agency, was set up to investigate specific cases of corruption involving public officers and politically exposed persons in the performance of their functions as well as persons in the private sector implicated in the commission of corruption, prosecute these offences on the authority of the Attorney-General and provide for related matters.
The two documents after having been laid were referred to the Subsidiary Legislative Committee by the Speaker, Rt. Hon. Prof. Aaron Michael Oquaye, for consideration and report to the plenary.