Oye Lithur rejects Special Prosecutor Bill as unconstitutional

The former Minister of Gender, Children and Social Protection, Nana Oye Lithur, has described the Office of Special Prosecutor Bill as unconstitutional.
Speaking in a panel broadcast Saturday, the human rights activists, the bill violates article 88 of the 1992 constitution.

The bill was on Tuesday, November 14 passed by parliament after over 30 amendments were made to the bill from both sides of the house.

Quoting Article 88 (3&4) of the constitution, the former minister, who was speaking on Joy FM’s Newsfile Saturday, said: “(3) The Attorney-General shall be responsible for the initiation and conduct of all prosecutions of criminal offences.

“(4) All offences prosecuted in the name of the Republic of Ghana shall be at the suit of the Attorney-General or any other person authorised by him in accordance with any law.”

According to her, it was not possible for the special prosecutor to be independent based on the quoted Article of the constitution.

“We all want corruption to be tackled but let’s do it in a systematic legal way that is consistent with our 1992 Constitution. This will not fly because it is inconsistent with the Constitution,” Oye Lithur argued.

The Deputy Majority Leader and Minister of State in-Charge of Procurement, Sarah Adwoa Safo, rejected Oye Lithur’s argument that special prosecutor is unconstitutional.

He said the constitution allows the Attorney General to delegate his/her prosecuting powers.

“There is nothing wrong with the constitutionality of this law,” she pointed out.

According to her, the arguments being raised by Mrs Lithur “have been reviewed on the floor of parliament” with the help of minority whom she said, “were very active in the amq

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