Introspecting the Office of the Special Prosecutor's Act and Ghana's Constitutional Framework on Anti-Corruption

Abstract

There exists broad consensus that the reality and persistence of corruption under the 1992 Ghanaian Constitution undermines the ongoing attempt at democratic consolidation and responsible governance. From the standpoint of constitutional trusteeship, corruption has been said to undermine regime legitimacy and the overall public service obligation incumbent on political actors. However, past attempts at fighting the menace through the mechanism of law reform have floundered. The recent passage of the Office of the Special Prosecutor's Act 2018 (Act 663) represents yet another statement of intent to reinforce the accountability framework of the constitution and presents opportunities for fresh but nuanced reflections on the impact of the Constitution and legal rules on the prevention and suppression of corruption in Ghana. This article reviews the passage of the new law within the context of the political economy of the Rule of Law (ROL) and anti-corruption initiatives in Ghana. In this vein, the author makes the broad claim that while advocates of the ROL might race to appropriate any glory for its passage and future effectiveness, the reality cannot be denied that legally exogenous factors arguably constitute the main levers of change in the fight against corruption in Ghana. Accordingly, the success of this law depends on a host of contextual systemic and other variables impacting its operation.