After nearly a decade of the existence of one of the country’s foremost anticorruption institutions, the Office of the Special Prosecutor (OSP), is facing renewed scrutiny, with former Energy Minister Dr. Kwabena Donkor advocating for a rethink of the office.
Dr. Donkor is questioning whether the Office of the Special Prosecutor is delivering on its core mandate, or merely sustaining public perception through media engagements.
In an exclusive interview with The High Street Journal, Dr. Donkor did not mince words by drawing on a well-known English saying, “the sweetness of the pudding is in the eating”. He quoted this to situate his critique around outcomes, not intentions.
For him, the fundamental question is, where are the convictions after eight years?
Performance vs ‘Media Fights’
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In his argument, he maintained that the OSP was established to investigate and prosecute corruption-related offences independently. Yet, according to Dr. Donkor, its track record has not been very encouraging.
While the Office has publicised investigations and claimed recoveries of misappropriated funds, he argues that asset recovery alone cannot be the benchmark of success.
For him, institutions like the police and the Attorney-General’s Department have historically recovered state funds, suggesting that the OSP’s value lies not just in recoveries but in building strong cases that lead to convictions and deterrence.
“How many convictions have they been able to? Their fight against corruption has largely been media fights. But they were not set up for media fights. They were set up to prosecute and get convictions; build solid cases so that they can get convictions,” he noted.
The Structural and Legal Problem
Dr. Donkor’s critique goes beyond operational performance to the very design of the institution. He points to what the legal luminaries describe as a “fault line” in the law establishing the OSP.
This is an issue previously acknowledged by key figures, including the first Special Prosecutor and senior legal minds involved in crafting the framework.
Even Martin Amidu, the Office’s inaugural head, had raised concerns about structural weaknesses during his tenure. That, in Dr. Donkor’s view, strengthens the case for a fundamental rethink rather than incremental fixes.
Is Independence the Issue?
Public debate around the OSP has often centred on whether it enjoys sufficient independence to act decisively. But Dr. Donkor dismisses this line of argument as largely misplaced.
His reasoning is that the Office has had years of relative operational freedom without securing landmark convictions. For him, this weakens the argument that constraints alone explain the lack of prosecutorial success.
“The legal arguments about their independence or otherwise, for me, is much ado about nothing. If they had gotten convictions when they were unhindered, then my attitude would have been different,” he noted.
He added, “But until this co-oriental ruling by the high court judge, they have had a free rein, and they have not secured any serious conviction.”
The Need for a Rethink
Rather than defending or condemning the institution outright, Dr. Donkor believes that this is a moment where the fate of the policy is at a crossroads.
Ghana, he argues, must decide what it truly wants from the OSP. He therefore makes three propositions;
- Should it remain a standalone anti-corruption prosecutor, singularly responsible for high-profile cases?
- Should it evolve into a collaborative institution, working closely with existing bodies like the police and the Attorney-General’s Department?
- If it continues to underperform, should it be scrapped altogether?
Each option, he suggests, requires clarity of purpose, legal recalibration, and measurable performance benchmarks.
For him, the rethink is very critical since the office in its current state is not delivering returns on the state’s investment. Dr. Donkor raises a fiscal concern that resonates with many Ghanaians, which is value for money. With billions of cedis spent on the OSP over the years, he questions whether the public is seeing a commensurate return on investment.
The Bottomline
Whether the OSP is maintained, restructured, or dissolved, he insists that future decisions must be grounded in performance. He says if it is not fit for purpose, scrap it. If it can be improved, improve it.
The debate over the OSP ultimately reflects a broader challenge in Ghana’s governance framework: how to build institutions that not only exist, but work.
For Dr. Donkor, the answer lies not in rhetoric or legal theory, but in measurable impact, cases prosecuted, convictions secured, and a system that deters corruption not just in headlines, but in reality.
