Legal commentator Stephen Kwaku Asare, also called Kwaku Azar, has argued that the Office of the Special Prosecutor exceeded its authority in matters involving non-corruption-related behaviour on its premises, insisting that such incidents fall solely within the jurisdiction of the Ghana Police Service.
In his analysis, he stated that the OSP’s authority to arrest applies strictly to corruption, procurement corruption, influence-peddling and offences created by the OSP Act.
He maintained that the Office cannot assume general-policing functions merely because misconduct occurs within its compound.
He outlined examples such as insulting an officer, filming in restricted areas, arguing at the gate, refusing to move, causing a scene or even assaulting staff.
“These are NOT corruption offences and NOT offences under Act 959,” he wrote. “They fall under ordinary criminal law, which only the Police may enforce.”
According to him, the perception that the OSP can arrest for any behaviour on its premises is incorrect. He warned that allowing such an interpretation would effectively create a second police institution.
“If the OSP could arrest for any misbehaviour,” he argued, “then it could also arrest for assault, theft, threats, traffic offences, etc. Parliament never intended that.”
He reiterated that Section 28 only grants police powers in limited circumstances and cannot be used as “a backdoor to general policing.”
He concluded by stating that the OSP must report misconduct unrelated to corruption to the Ghana Police Service.
