Law Not a Goat Market Amid OSP, Kpebu & Section 79 Debate
The Office of the Special Prosecutor (OSP) can arrest individuals for obstruction under Act 959, sections 79 and 80, contrary to recent public statements that the office lacks such power.
Section 79 of the OSP Act defines obstruction of an authorised officer as a specific offence, stating that anyone who willfully hinders an OSP officer in the performance of their duties commits a criminal act. Section 80 further empowers the OSP with the same arrest, search and detention authority as the Ghana Police Service when the matter falls within the scope of the Act.
Legal analysts confirm that these provisions give the OSP full statutory authority to detain persons suspected of obstructing investigations into corruption. “The language of sections 79 and 80 is unambiguous – the OSP is not dependent on the police to enforce its own offences,” said Kofi Mensah, a constitutional law lecturer at the University of Ghana.
Critics, however, argue that the OSP should not act as a parallel policing agency. The Ghana Police Service remains the general arresting authority for non‑corruption offences, and any overreach could undermine the principle of separation of powers.
Security experts caution that the OSP must balance its enforcement powers with professionalism. “Arrest powers are a tool, not a licence to act indiscriminately,” warned Ama Oduro, a senior researcher at the Institute of Security Studies in Accra.
The controversy intensified after Special Prosecutor Martin Kpebu publicly dismissed concerns about perceived overreach, branding the criticism as “unacceptable” and reinforcing his reputation as a forceful anti‑corruption advocate.
Public opinion has been sharply divided, with many Ghanaian citizens treating the debate as a courtroom drama hosted on prime‑time television. Social media users have labeled Kpebu’s remarks as arrogant, while supporters argue that a strong stance is essential to combat entrenched corruption.
Nevertheless, the legal framework remains clear: where obstruction is established under section 79, the OSP may arrest and prosecute without waiting for police involvement. Any amendment to curtail this power would require parliamentary action to amend Act 959.
As the OSP continues its mandate, observers stress the need for transparent communication and adherence to due process, ensuring that the office’s teeth do not become a source of public mistrust.
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