Court’s Duty is to Enforce Laws, Not Protect ‘Criminals’ – OSP Asserts

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Kissi Agyebeng, Special Prosecutor, has expressed dissatisfaction with Ghanaian courts for meddling with the activities of his office, the Office of the Special Prosecutor (OSP).

Kissi Agyebeng, speaking to the media at a news conference in Accra on Wednesday, November 29, 2023, bemoaned the consistent issuing of injunctions by judges of the courts against OSP investigations.

He emphasized that the court’s responsibility is to interpret Ghana’s laws, not to decide who should be investigated by the country’s investigative organizations, including the OSP.

Agyebeng contended that suspending OSP investigations through court orders is completely wrong and sets a bad precedent for criminal investigations in the country.

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“The courts’ duty and mandate is to apply and enforce the laws of the Republic, not to shield individuals from criminal investigation and prosecution.” A judge cannot compel the OSP to investigate or prosecute anyone.

“The decision to investigate and prosecute lies with the investigation and prosecution authorities such as the OSP and the OSP has at all material times carried out its power to investigate with candour and professionalism, being mindful of the rights of suspects under its investigation,” he added.

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