The Director of Legal Affairs of the governing National Democratic Congress, Godwin Eduzi Tameklo, has dismissed claims that the Office of the Special Prosecutor (OSP) possesses retroactive authority to prosecute cases on behalf of the Attorney-General.

According to him, suggestions that Parliament, through Section 4(2) of the Office of the Special Prosecutor Act, 2017 (Act 959), granted the OSP automatic or “from birth” prosecutorial powers are legally flawed.

Mr. Tameklo argued that a careful interpretation of the law shows that Parliament does not have the constitutional authority to delegate such powers in a manner that bypasses Article 88 of the 1992 Constitution, which vests prosecutorial authority in the Attorney-General.

He explained that Parliament itself derives its powers from the Constitution and cannot override its provisions through legislation.

He maintained that the constitutional framework places prosecutorial control under the Executive through the Attorney-General for clear policy reasons.

“The nature of authorisation contemplated under Section 4(2) is prospective, not automatic or retroactive,” he stated, adding that claims of inherent authority for the OSP are “emotional reactions to a legal quagmire.”

Mr. Tameklo further contended that the establishment of the OSP was influenced by political considerations, alleging that its promoters initially intended it to target former appointees of the NDC.

He noted that between 2017 and 2024, prosecutions involving former government officials were carried out by Attorneys-General, including Gloria Akuffo and Godfred Yeboah Dame, rather than the OSP acting independently.

As a way forward, he proposed that the OSP should formally seek authorisation from the Attorney-General before initiating prosecutions, in line with constitutional requirements.