By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Starr FmStarr FmStarr Fm
  • Home
  • Election Hub
  • General
    GeneralShow More
    A/R: Mahama cuts sod for 1,000-unit Green City Housing Project at Dedesua
    May 9, 2026
    Rent Control Commission cracks down on exorbitant hostel fees around KNUST
    May 9, 2026
    Energy Minister assures Kumasi of stable power supply by third quarter of 2026
    May 8, 2026
    High Court overturns US$33.3m arbitral award against Justmoh Construction
    May 8, 2026
    Man arrested for allegedly issuing death threats to Police and military in viral video
    May 8, 2026
  • Business
    BusinessShow More
    Ghana Mine Workers Union hails Heath Goldfields for settling $22 million legacy debt
    May 8, 2026
    High Court overturns US$33.3m arbitral award against Justmoh Construction
    May 8, 2026
    DDEP contributed to BoG losses, but they are “stabilisation costs” – Felicity Nelson
    May 7, 2026
    BoG losses not justified by inflation gains – Dr. Kwasi Nyame-Baafi
    May 6, 2026
    Stakeholders push for National Soybean Strategy to strengthen Ghana’s agribusiness sector
    May 6, 2026
  • Politics
    PoliticsShow More
    The Damang Gold and the Economy of Ghana: State Ownership versus Ibrahim Mahama’s E&P
    May 10, 2026
    A/R: Mahama cuts sod for 1,000-unit Green City Housing Project at Dedesua
    May 9, 2026
    Tell the public you’re the cause of the delays, not the Judiciary – Judge fumes at Wontumi’s lawyers in Samreboi trial
    May 7, 2026
    Former NPP Chairman, Afoko meets Bawumia, Akufo-Addo et al for Unity talks
    May 7, 2026
    Ghana, UAE to deepen energy cooperation, explore oil storage and renewable transition
    May 7, 2026
  • Entertainment
    EntertainmentShow More
    Gospel legend Yaw Sarpong goes home on May 9 in Kumasi
    May 7, 2026
    Kojo Antwi to headline 2026 EU-Ghana Golden Jubilee event
    May 6, 2026
    Ghana’s Film Industry Is Not Broke, It Is Stuck
    May 5, 2026
    Best Girlfriends Podcast announces kid influencer Simply Mary as new fourth host
    May 5, 2026
    TGMA 2026 AOTY battle: Wendy Shay is the Yaa Asantewaa of Ghana music today – MC Portfolio
    May 2, 2026
  • Sports
    SportsShow More
    World Athletics President arrives in Ghana for 24th African Seniors Athletics Championship
    May 9, 2026
    Damba Marathon 2026 gains royal endorsement after courtesy visit to Gbewa Palace
    May 9, 2026
    Joseph Paul Amoah confident as Team Ghana prepares for 24th African Athletics Championship in Accra
    May 8, 2026
    PSG hold Bayern to reach back-to-back Champions League finals
    May 6, 2026
    Carlos Queiroz names Pre-World Cup squad; drops big names, calls up 6 local players
    May 6, 2026
  • Technology
    TechnologyShow More
    Yahoo Finance spotlights Katon Meet as a strong video conferencing platform
    May 7, 2026
    African-Led ANH-ARC platform launches in Ghana to transform food systems, nutrition and health
    May 2, 2026
    Amardeep Singh Hari named Ghana’s most influential tech entrepreneur of all time
    April 30, 2026
    Yellow Card publishes 2026 report on data protection and AI governance
    April 23, 2026
    Master AI and cybersecurity to fight fake news – Dr Zanetor Rawlings to Ghana’s youth
    April 22, 2026
  • International
    InternationalShow More
    World Athletics President arrives in Ghana for 24th African Seniors Athletics Championship
    May 9, 2026
    Deputy Transport Minister expands China visit to tourism, arts and cultural cooperation
    May 7, 2026
    PSG hold Bayern to reach back-to-back Champions League finals
    May 6, 2026
    Arsenal beat Atletico Madrid to secure Champions League final spot
    May 6, 2026
    Ghana to host global leaders for reparatory justice conference after landmark UN resolution
    May 4, 2026
  • Factometer
Search
© 2024 EIB Network Ltd. All Rights Reserved.
Reading: Martin Amidu: A citizen vigilante to a special prosecutor—how special?
Share
Notification Show More
Font ResizerAa
Starr FmStarr Fm
Font ResizerAa
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Search
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Have an existing account? Sign In
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
Features

Martin Amidu: A citizen vigilante to a special prosecutor—how special?

Starrfm.com.gh By Starrfm.com.gh Published January 16, 2018
Share
Martin Amidu
Martin Amidu
SHARE

The materialization of anti-corruption begins with the activities of man within the concept of laws that govern the society. Laws and statutes express the will of the people to growth and development hindered by corruption.

The New Patriotic Party (NPP) “Manifesto for Election 2016,” Chapter 12, page 135, titled ‘Governance, Corruption and Public Accountability,’ proposed “to establish, by an Act of Parliament, an Office of the Special Prosecutor”. The President’s choice of the Special Prosecutor in the character and stature of Martin Alamisi Burnes Kaiser Amidu, an ‘anti-corruption crusader’, was surprising; but it consolidates the growth of our burgeoning democracy.

The office of the Special Prosecutor will have the mandate to investigate and prosecute cases of alleged corruption under the Public Procurement Act 2003(Act 663), and other corruption-related offences implicating public officers, political office holders and accomplices.

In spite of all that, the fight against corruption is not only about prosecution. It is also about good governance and conscience. Prosecution of alleged corrupt public officers span across governments;and it is still ongoing under the current administration.

The power of prosecution is vested in the Attorney-General, in accordance with articles 88(3) and (4) of the 1992 Constitution.Following this, the appointment of the Special Prosecutor is vexed with the question of constitutionality.

The common law principle in constitutional and administrative law says that no delegated powers can be further delegated (delegate potestas non potest delegari). Alternatively, it is said that one to whom power is delegated cannot himself further delegate that power (delegatus non potest delegare).

Although the law establishing the office of the Special Prosecutor requires the Attorney-General to make the nomination of the Special Prosecutor for the President to appoint;nevertheless, it does not cure the fact of the breach of the Constitution which had imbued the power of prosecution to the Attorney-General and the Office of the Special Prosecutor has been further delegated that power of prosecution.

What is more, it also implies that the Attorney-General has a residual power over the Special Prosecutor with the doctrine of NOLLE PROSEQUI – the enormous and discretionary power to file a formal entry in criminal proceedings, declaring that the “proceedings shall not continue” on some of the counts or some of the accused persons, or altogether – making the criminal proceedings by the Special Prosecutor independent.

The appointment of Martin ABK Amidu as the Special Prosecutor and its euphoria does not answer to the constitutional defect and the demand the people are seeking in the fight against corruption. It is a semantic delusion. The substance of the law regarding state prosecution of corruption remains unchanged.

The personality of Martin ABK Amidu throws out an element in literature, the malcontent, which seems to bear with his emotionally colour – which in itself also brings to focus the category of human power play. The longest serving Deputy Attorney – General not finding goodwill with his own Party, as a member of National Democratic Congress (NDC), with his several levels of corruption allegations against the then government is believed to have been hinged upon rancor than the perceived interest of the Ghanaian people.

Amilcar Cabral once said that it is only a fairy tale one can cross a river at the back of crocodile. Unless we examine the context in which his fight against corruption is located, without seeking to settle any personal interest, the fight against corruption would be another story of “Alice in the wonderland”.

Source: Michael Sumaila Nlasia/Research Fellow/Centre for Data Processing and Geo-Spatial Analysis/marcusgarvey.snr@gmail.com   

You Might Also Like

The Damang Gold and the Economy of Ghana: State Ownership versus Ibrahim Mahama’s E&P

Thoughts of a Ghanaian Youth: Has Ghana Really Progressed Since 1992?

Ghana’s Film Industry Is Not Broke, It Is Stuck

Sold Dreams, Stolen Lives: Inside the Ivorian Camps Where Over 450 Ghanaians Are Trapped in Trafficking Nightmare

Constitutional ammendment is the only cure for OSP’s legal vulnerability – MP

TAGGED:special prosecutor
Share This Article
Facebook Twitter Email Print
Share
Previous Article Land Layby ushers Digital land registry era in Ghana
Next Article Grenade Bust: You’ll be updated when necessary – IGP

Starr 103.5FM

Starr FmStarr Fm
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
newsletter icon
Join Us!

Subscribe to our newsletter and never miss our latest in news, podcasts etc..

[mc4wp_form]
Zero spam, Unsubscribe at any time.
adbanner
AdBlock Detected
Our site is an advertising supported site. Please whitelist to support our site.
Okay, I'll Whitelist
Welcome Back!

Sign in to your account

Lost your password?