Legal scholar Prof. Kwaku Asare, known as 'Kwaku Azar', clarifies the extent of the Office of the Special Prosecutor's (OSP) police powers, emphasizing that the law does not permit the OSP to act as a parallel police force. In a Facebook post on December 4, 2025, Kwaku Azar addressed a widespread misinterpretation of Section 28 of the OSP Act (Act 959). This section grants the Special Prosecutor and authorized officers the powers of a police officer as outlined in the Criminal and Other Offences (Procedure) Act, 1960 (Act 30). While the provision may seem broad, its scope is significantly narrowed by the OSP's limited mandate under Act 959. The OSP can exercise police-style powers such as arrest, search, and detention, but only in the context of corruption and corruption-related offenses. Kwaku Azar clarifies that the OSP's jurisdiction covers bribery, procurement breaches, influence-peddling, and other corruption schemes. Any arrest or detention outside this domain is unlawful and beyond the OSP's authority. He dismisses public claims that the OSP applies double standards in handling misconduct on its premises, using Akan proverbs to explain that the OSP is 'an anti-corruption crab, not a general-policing bird,' meaning its authority is specialized and limited. Misconduct occurring on OSP premises does not automatically fall under the OSP's authority unless it is corruption-related. Acts like insulting an officer, resisting movement, disorderly conduct, filming in restricted areas, or physically assaulting an official are matters for the Ghana Police Service. Kwaku Azar emphasizes that Section 28 does not create a backdoor for general policing and warns against creating a second police institution. He reiterates that police powers do not create police jurisdiction, and any action outside the OSP's corruption-focused mandate is ultra vires.
