OSP must necessarily be aggressive but presumption of innocence is fundamental - Kofi Bentil

Kofi Bentil, Vice-President of IMANI Africa, spoke about the Office of the Special Prosecutor (OSP). He emphasized that the OSP should act boldly but follow the Constitution. This includes respecting the principle of presumption of innocence.

On JoyNews’ Newsfile on June 7, Mr. Bentil supported the OSP's strong stance against corruption. However, he cautioned against actions that could violate constitutional rights.

He stated, “The Special Prosecutor is doing fair work.” Some may view his approach as aggressive, but he believes it is necessary. “We asked for that,” he added.

Mr. Bentil noted that courts have previously backed this approach. He referenced a Supreme Court ruling involving OccupyGhana. The court indicated that those in power must use discretion to fight corruption.

Despite his support, Mr. Bentil raised concerns about certain legal aspects of the OSP’s operations. He pointed out that the Constitution outlines limits on law enforcement powers and citizen treatment during investigations.

He highlighted Articles 14 and 19, which emphasize presumption of innocence as fundamental. The Constitution states individuals should not be arrested except under specific conditions.

Mr. Bentil argued that refusing to cooperate with an investigation does not justify declaring someone wanted. “It is not constitutional for any institution to do so,” he said.

He stressed that Article 14 protects individuals from being portrayed as convicted without due process. Instead of issuing a wanted notice, he suggested other legal options for the OSP.

“If you’re OSP and someone refuses to come in, arrest them,” he advised. If arrest isn’t possible, proceed to court and try them in absentia or seek a bench warrant from a judge. Only a court should declare someone wanted, he concluded.