Imagine this: Ghana's Office of the Special Prosecutor (OSP) swoops in with police-like authority, but only for one specific battlefield—corruption. Anything else? That's not their turf, and legal powerhouse Prof Kwaku Asare, better known as Kwaku Azar, is passionately urging everyone to get this straight before misconceptions run wild.
As a renowned legal scholar, Prof Kwaku Asare has long been a voice of clarity in Ghana's complex legal landscape. On December 4, 2025, he took to Facebook to unpack a hotly debated topic: just how far the OSP's police powers actually extend. He called out what he sees as a common mix-up around Section 28 of the OSP Act (Act 959), which might sound all-encompassing at first glance but is actually hemmed in by the bigger picture of the law.
For those new to this, let's break it down simply. Section 28 hands the Special Prosecutor and their team some serious tools—like the ability to arrest suspects, conduct searches, or hold someone in detention. These are straight out of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), the same playbook the regular police use. But here's where it gets controversial: reading it in isolation could make you think the OSP is building a shadow police force. And this is the part most people miss—those powers aren't a free-for-all; they're laser-focused on the OSP's core mission under Act 959.
In his post, Kwaku Azar laid it out plainly: sure, the OSP can wield these investigative methods, but only when chasing down corruption and its close cousins. Think bribery scandals, shady government procurement deals, or wheeling-and-dealing that smells of influence peddling—these are the OSP's hunting grounds. Step outside that, and any arrest or action becomes not just questionable, but straight-up illegal and outside their legal bounds. For example, if someone gets nabbed for a routine theft or a traffic violation, even if it's near an OSP office, that's police territory, not theirs.
'Yes, the OSP packs police powers,' Kwaku Azar affirmed in his writing, 'but that doesn't turn it into the Ghana Police Service. Section 28 equips them with the how-to of policing, while the full Act 959 draws a firm line on the when and why.' He painted a vivid picture using an Akan proverb, likening the OSP to 'an anti-corruption crab, not a general-policing bird.' In other words, this specialized agency has sharp claws for rooting out graft in its niche area, but it can't soar into everyday law enforcement like a bird covering the whole sky. It's a clever way to remind us that power without limits is dangerous—something every beginner in legal matters should appreciate.
Kwaku Azar didn't hold back on debunking rumors of the OSP playing favorites or applying double standards, especially when it comes to incidents right on their own doorstep. Just because something goes down in or around their offices doesn't mean they get to handle it, unless corruption is at the heart of it. Everyday offenses? Nope. Things like mouthing off to an official, refusing to budge when asked, causing a ruckus, sneaking a video in a no-filming zone, or even throwing a punch—these all belong with the Ghana Police Service. To drive it home, he stressed that Section 28 isn't some sneaky loophole for broad policing powers. If we let the OSP collar people for any minor scuffle on their property, we'd be handing them a duplicate police force, which is the last thing lawmakers had in mind when passing the Act.
But wait, doesn't this raise eyebrows about potential overreach? Kwaku Azar hammered home that having police tools doesn't grant police jurisdiction—it's all about sticking to the corruption mandate. Any deviation? That's what lawyers call 'ultra vires,' meaning actions beyond one's legal authority, like a referee calling plays outside the rulebook. It's a key concept for newcomers: laws set boundaries to prevent abuse of power.
Anonymous OSP officer shares supposed details of Kpebu’s clash with soldier (https://www.ghanaweb.com/GhanaHomePage/NewsArchive/Anonymous-OSP-officer-shares-supposed-details-of-Kpebu-s-clash-with-soldier-2012535)
Why ‘I believe Kpebu over the OSP’ – Manasseh Azure speaks (https://www.ghanaweb.com/GhanaHomePage/NewsArchive/Why-I-believe-Kpebu-over-the-OSP-Manasseh-Azure-speaks-2012544)
For the complete scoop, check out Kwaku Azar's full Facebook post—it's a must-read for anyone following Ghana's fight against corruption.
Now, here's a counterpoint to chew on: while Kwaku Azar insists on these strict limits, some argue that in high-stakes environments like the OSP's, a bit more flexibility could prevent chaos without creating a 'parallel police.' What do you think—should the OSP have leeway for on-site incidents to protect their operations, or is Kwaku Azar spot-on in keeping them strictly anti-corruption? Drop your thoughts in the comments; I'd love to hear if you agree or see it differently!
MRA/EB
Netizens descend on Kwakye Ofosu for defending Mahama’s ‘broken promise’:
