Martin Amidu, in a lengthy writeup, claims that heads of institutions are making his work as the Special Prosecutor difficult.

Martin Amidu, in a lengthy writeup, claims that heads of institutions are making his work as the Special Prosecutor difficult.


Mr Amidu said some of these heads of institutions refuse to comply with laws designed to ensure good governance and to protect the national purse.

Mr Amidu after being appointed SP was criticised for the snail pace of his work but he kick-started his fight against corruption as he is currently battling with Member of Parliament for Bawku Central, Mahama Ayariga.

The biggest challenge facing the Office of the Special Prosecutor as an anti-corruption investigatory and prosecutorial body in spite of all the powers conferred upon it is not the President who promised the people of Ghana to establish the Office but the heads of institutions who simply refuse to comply with laws designed to ensure good governance and to protect the national purse by fighting corruption.

Heads of institutions wantonly disregard statutory requests made by the Office for information and production of documents to assist in the investigation of corruption and corruption-related offences, in spite of the fact that the President has on a number of occasions admonished them on such misconduct.

There have also been cases where some heads of institutions have made it their habit to interfere with and undermine the independence of this Office by deliberately running concurrent investigations falling within the jurisdiction of this Office with on-going investigations in this Office for the sole purpose of aborting investigations into corruption and corruption-related offences.

Some of the foregoing malfeasance has seriously affected the ability of this Office to deliver on its mandate, particularly when it must depend on some of these very institutions for seconded staff until it employs its own. The questions of anti-corruption work values and culture, and condoning indiscipline by some seconded staff by their parent institutions have surfaced and become public in some instances.

What is worrying to this Office as an anti-corruption investigation and prosecutorial agency is the refusal of heads of institutions to take steps to enforce basic rules of discipline governing their institutions even when they know that their officers are under investigation, have been cautioned, bailed, and eventually even charged with corruption and corruption-related offences.

The Civil Service, the Local Government Service, the Police Service, and other public services have specific laws and regulations governing what should happen to public officers who are under suspicion for disciplinary offences (including crime), and prosecution for crime generally which heads of institution ought to apply, without prompting, to fight corruption in their respective institutions. The Public Service Commission has also issued binding circulars and guidelines on ordering the interdiction and/or indefinite leave of public officers suspected of serious misconduct and the commission of criminal offences.

Unfortunately, the experience of the Office of the Special Prosecutor is that when it comes to fighting corruptions and corruption-related offences, heads of institutions think that the rules on interdiction and/or indefinite leave of public officers do not apply to corruption and corruption-related offences.

Public officers have been charged, arraigned before the High Court and their pleas taken only for them to return to their work places and work normally as though they have never been suspected of committing any corruption offences.

In the first place an officer under investigation for misconduct or crime ought not to be in a position to interfere with the investigations. This explains the law and rules on interdictions even before a charge is actually preferred against a public officer.

The Office of the Special Prosecutor invites public officers to assist investigations through their heads of institutions and there can be no excuse after those officers have been publicly arraigned and their pleas publicly taken in a trial court for their heads of