Gov’t withdraws controversial Special Prosecutor Bill from Parliament

Minister for Parliamentary affairs and Majority leader, Osei Kyei Mensah Bonsu has withdrawn the controversial Special Prosecutor Bill from Parliament.

The decision comes after the Minority in Parliament protested that the bill did not follow the necessary procedural requirements before coming to the house. According to the Minority, the bill was not gazetted 14 days before it was presented to Parliament as required.

Order 120 (1) of the Standing Orders of the House, which is premised on Article 106 (2) of the Constitution states that “Except as provided in Orders 119 and 112 no Bill shall be introduced unless the text of the Bill, with no variations other than such as, in the opinion of the Parliamentary Draftsman, are of a trivial or drafting character, has been published in the Gazette fourteen days before the date of its introduction in the House.”

The Majority had sought to argue that it was presented under a certificate of emergency, but this was rejected by the Constitutional, Legal and Parliamentary Affairs committee which said it did not qualify to be passed under a certificate of urgency.

On the floor of Parliament today July 26, 2017, the Majority Leader Osei Kyei Mensah Bonsu, withdrew the Special Prosecutor Bill and the Zongo Development Fund Bill without explaining the motive behind his action.

The Special Prosecutor Bill 2017 shall establish the Special Prosecutor’s Office, a specialized Agency with the powers and authority of the Attorney General to investigate cases of corruption and prosecute public and private officers implicated in corrupt activities.

Meanwhile, a former Attorney General Martin Amidu has quizzed certain aspects of the Special Prosecutor Bill.

In his view, Clause 3 (3) and (4) of the Bill, which was not in the original draft designed by stakeholders, including Civil Society Organizations, limits the powers of the special prosecutor.

He said, the inclusion of the clause “negates the whole promise that the President made during his campaign and after his assumption of office to fight corruption.”

The clauses indicate that “…specified under paragraphs (a), (b) and (c) of subsection (1) unless the commission of the offence is in respect of a vast quantity of assets that (a) constitute a substantial proportion of the resources of the country; (b) threaten the political stability of the country; or (c) threaten the sustainable development of the country.”

He further added that President Nana Akufo-Addo is being set up to be embarrassed by some faceless persons who clandestinely introduced some clauses into the special prosecutor’s Bill to limit the prosecutor's ability to investigate certain kinds of corrupt activities.

 

primenewsghana.com/Ghana News