By Yussif Ibrahim, GNA
Kumasi, May 3, GNA – Stakeholders at a regional dialogue on Ghana’s anti-corruption architecture have called for the removal of plea bargaining as a prosecutorial option available to the Office of the Special Prosecutor (OSP), arguing that it undermines efforts to deter corruption.
Plea bargaining is a legal process where an accused person agrees to plead guilty or “no contest” to a charge, often a lesser one, in exchange for a more lenient sentence or dropped charges.
Introduced formally in Ghana via Act 1079, it aims to reduce court backlogs, speed up justice, and de-congest prisons. It requires voluntary, informed consent and is not available for serious offenses like murder or treason.
The participants at the dialogue contended that the practice, which allows suspects to negotiate settlements often involving the return of looted funds, created a window for public officials to abuse state resources with the expectation of avoiding custodial sentences.
They maintained that Ghana’s fight against corruption would be more effective if punitive sanctions, particularly custodial sentences, were prioritised alongside the recovery of stolen assets.
The dialogue was organised by the Ghana Centre for Democratic Development (CDD-Ghana) in collaboration with the OSP, as part of efforts to strengthen accountability institutions and deepen citizen engagement in anti-corruption reforms.
It brought together stakeholders including civil society organisations, policymakers, development partners, professional bodies, media practitioners, traditional authorities, as well as youth and women groups.
The participants called for a review of the law establishing the OSP to scrap plea bargaining provisions, stressing that the option weakened the deterrent effect needed to curb corruption.
They argued that while asset recovery was important, it should not substitute punitive measures, noting that individuals found culpable must face the full rigours of the law to serve as a deterrent to others.
The programme formed part of the Participation, Accountability and Integrity for a Resilient Democracy (PAIReD) initiative, implemented by GIZ with funding support from the European Union, the Swiss State Secretariat for Economic Affairs and the German Federal Ministry for Economic Cooperation and Development.
Dr. Zechariah Langnel, Lecturer at the University of Ghana, speaking at the event, noted that although there was strong public support for the OSP as a key institution in the fight against corruption, concerns remained about aspects of its legal and operational framework.
He said findings from recent research indicated that the OSP was better positioned institutionally to tackle corruption compared to other state bodies but required reforms to enhance its independence and effectiveness.
Dr. Langnel explained that issues relating to funding, staffing, and prosecutorial authority continued to affect the Office’s performance, emphasising the need for constitutional backing to secure its long-term independence.
He said despite the challenges, the OSP had made notable strides in recent years, particularly from 2023, with improved resourcing and increased recovery of misappropriated public funds.
The stakeholders, however, stressed that without stronger legal backing and stricter punitive measures, including the removal of plea bargaining, Ghana’s anti-corruption efforts would fall short of achieving meaningful impact.
GNA
Edited by Benjamin Mensah
Reporter: Yussif Ibrahim