Kofi Opare Hagan writes: OSP Has No Power To Declare Someone A Fugitive

Ken Ofori-Atta

 

The Office of the Special Prosecutor (OSP) of Ghana has no power to declare a person a fugitive from the law without first obtaining a court judgment to that effect.

 

While the law establishing the Office requires some level of assistance from persons under investigation, such as the production of documents and compliance with lawful orders, it also creates specific offences and remedies for failing to comply with such orders or produce such documents.

 

So, when the OSP feels strongly that someone has committed the above offences, their remedy under the law is to take the matter to court and secure a conviction under the relevant provisions of the OSP.

 

It is only after securing such a conviction and the person remains unavailable to submit themselves to the law that they may be declared, on the back of that judgment, as fugitives from the law.

 

However, we have a former law teacher whose every major move questions both where he learned criminal law and what he taught his students as a teacher. It is frankly getting to points of embarrassing absurdity.

 

Why? Because the pettiness with which he operates, the crass showmanship, and the inability to show technical expertise, preferring populist praise, has never worked in his interest.

 

He has never secured any conviction in any truly politically salient case and has often had to eat his own words in the end. But why does he keep doing this still? Does he have an outstanding warrant for the arrest of Ken Ofori-Atta issued by any Court which has heard and determined there is a reasonable basis for such an arrest to be made? None.

 

The funny thing though is that, those who hype him when he does nonsense as we are seeing, never blame him when by his own doing his investigations and prosecurions get botched. They blame the Courts.

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