Nine months after Kissi Agyabeng was sworn into office as the Special Prosecutor, his office does not have a Governing Board.
Mr. Agyebeng took Office in August 2021.
Section 5 and 6 of the Office of Special Prosecutor Act 2017 and Act 959 task the Board to formulate policies for the object of the Office, ensure proper and effective performance of the functions of the Office, advise the Special Prosecutor on the recruitment and selection of various staff among other duties.
The Board is also to consist of the Special Prosecutor, the Deputy Special Prosecutor, one representative each from the Audit Service, the Ghana Police Service, Economic and Organized Crime Office (EOCO), Financial Intelligence Centre, Commission on Human Rights and Administrative Justice (CHRAJ), a person nominated by the Minister for National Security, and one other person who is a female representing the Anti-Corruption Civil Society Organizations.
The members of the Board, once appropriately nominated by their institutional heads, will then elect a person other than the Special Prosecutor or Deputy Special Prosecutor from among themselves as Chairperson of the Board.
The President is then required to inaugurate the board members nominated by the institutions in accordance with Article 70 of the Constitution.
But JoyNews sources say although the OSP has written multiple letters to the Presidency reminding it of the need to inaugurate the Board to ensure smooth operation of the Office, this has not been done.
However, the absence of the Board is not the only challenge facing the Office of the Special Prosecutor.
The other challenge is inadequate resources and the inability of the office to put contract workers on its pay roll.
The OSP is said to have made a request for the approval of a GHS2 billion budget to set up the office, build a cyber security and forensic lab, cells to keep suspects and purchase other logistics.
But available information indicates that the Finance Ministry committed about GHS170 million out of which only GHS10 million have been released.
These challenges are not new to the office.
It is interesting to note that the first Special Prosecutor, Martin Amidu, while in office raised similar concerns.
The Office of the Special Prosecutor is mandated to investigate and prosecute corruption and corruption-related offences.