Private legal practitioner Amanda Clinton has kicked against any move to strip the Office of the Special Prosecutor (OSP) of its independence, arguing it would lead to a "systemic erosion of accountability" and signal that power can outlast the law in Ghana.

In a comprehensive legal submission addressed to the Special Prosecutor, Kissi Agyebeng, on 13th April 2026, the Head of Chambers at the law office of Clinton Consultancy, explained that the OSP must remain intact to prevent anti-corruption enforcement from being reduced to a "subordinate arm of the executive".

The Constitutional Crossroads

The OSP is currently facing a constitutional challenge at the Supreme Court of Ghana regarding its prosecutorial authority, specifically in relation to Article 88, which identifies the Attorney-General as the "fountain" of such power.

However, Ms. Clinton contends that while the Attorney-General is a political appointee, the OSP was created specifically to handle cases involving politically exposed persons where inherent conflicts of interest exist. Subordinating the office, she warns, would turn every prosecution into a victim of "executive gatekeeping".

A "Live Case Study" in Enforcement Resistance

To demonstrate why independence is mandatory, the submission pointed to a current "live and unfolding example" involving the Economic and Organised Crime Office (EOCO).

The letter highlights a case where EOCO declared an individual a fugitive following allegations of non-delivery and failure to refund millions in gold transactions.

The individual allegedly used a Council of State letterhead to demand a retraction within hours of the public notice.

Executive silence has been noted despite the gravity of the allegations, which Ms. Clinton argues "materially weakens enforcement".

Legal "weaponisation" is occurring, with the individual initiating counter-claim suits against legal practitioners involved in recovery actions.

The Risk of State Capture

Ms. Clinton argued that if an established body like EOCO faces such "high-level resistance" and institutional fatigue, a weakened OSP would leave the state vulnerable to state capture.

“Independence is not a luxury—it is a necessity,” the submission stated. “Centralised prosecutorial control risks undermining the very purpose of anti-corruption enforcement”.

The legal expert further noted that international credibility is at stake, as global partners such as the IMF and World Bank support independent anti-corruption bodies.

A Call for Institutional Assertion

The letter urges the OSP to move beyond a purely legal defence and engage in "institutional assertion".

This includes public engagement on the constitutional importance of prosecutorial independence and framing the current struggle as one of national accountability rather than institutional rivalry.

Ms. Clinton concluded by stating that the OSP’s survival is "foundational to Ghana’s rule of law" and essential to maintaining public trust in the justice system.

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'Independence is not a luxury; it is a necessity' - Amanda Clinton warns against subordinating the Special Prosecutor

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