The Executive Director of the Centre for Democratic Development, (CDD-Ghana) says it isn’t within the remits of the Special Prosecutor to decide whether or not he’ll prosecute former President John Mahama.
Professor Henry Kwasi Prempeh said the Special Prosecutor should have gone ahead with the investigation and prosecution and allowed Mr Mahama to either declare his indemnity in court or be charged with an offence.
His comment follows a statement by Martin Amidu that former President Mahama is currently not being investigated due to his position as the flagbearer of the biggest opposition party in Ghana.
But the CDD Director says the Special Prosecutor was wrong to make that decision.
According to him, even if Mr. Amidu was faced with a dilemma due to the current political standing of John Mahama, it wasn’t in his position to decide whether or not to halt prosecution without seeking legal advice from the Attorney General.
“I think that is a political call that ought not to be made by the Special Prosecutor. Even if he were to say that ‘I’m unable to proceed with prosecution because my hands are tied legally’ maybe he’s tied to a certain constitutional provision, I think even in that situation the best recourse would have been to get an opinion from the Attorney General.”
He added that, “You could proceed to court and let the defendant themselves raise that objection and say ‘look, I’m constitutionally immune’ and that goes to the Supreme Court for determination.
“Or it’s a political judgement because he is a candidate then you go to the Attorney General and say ‘look, I have this case, I have the facts under the law to proceed, but given the nature of the office holder, may I proceed with that prosecution’ and then the Attorney General might offer you an opinion.”
“I don’t think it is within the remits of the OSP in this particular matter for him to make that judgment call that he couldn’t proceed with the prosecution,” Professor H.K. Prempeh stated.