Office of Special Prosecutor: What next after Agyabeng slams Judiciary and Bagbin write of OSP? - The Big Agenda on Adom TV (12-12-23) - video Dailymotion

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Office of Special Prosecutor: What next after Agyabeng slams Judiciary and Bagbin write of OSP? - The Big Agenda on Adom TV (12-12-23)  #thebigagenda  #adomtv  #adomonline   Subscribe for more videos just like this: https://www.youtube.com/channel/UCKlgbbF9wphTKATOWiG5jPQ/  Follow us on: Facebook: https://www.facebook.com/adomtv/ Twitter: https://twitter.com/adom_tv Instagram:  https://www.instagram.com/adomtv/ TikTok: https://www.tiktok.com/@adom_tv  Click this for more news: https://www.adomonline.com/

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00:00 The office of the special prosecutor.

00:25 The speaker of parliament in Zimbia, Tugana.

00:38 I disagreed with you but I was alone.

00:42 The speaker said in parliament on Tuesday, because I was very clear that the authority

00:47 is embedded in the powers of the attorney general.

00:50 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

00:57 of the special prosecutor."

00:58 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

01:03 of the special prosecutor."

01:04 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

01:05 of the special prosecutor."

01:06 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

01:07 of the special prosecutor."

01:08 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

01:09 of the special prosecutor."

01:10 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

01:11 of the special prosecutor."

01:12 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

01:13 of the special prosecutor."

01:37 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

01:44 of the special prosecutor."

01:45 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

01:46 of the special prosecutor."

01:47 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

01:48 of the special prosecutor."

01:49 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

01:50 of the special prosecutor."

01:51 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

01:52 of the special prosecutor."

01:53 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

01:54 of the special prosecutor."

01:55 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

01:56 of the special prosecutor."

01:57 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

02:18 of the special prosecutor."

02:43 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

03:01 of the special prosecutor."

03:25 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

03:53 of the special prosecutor."

03:56 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

04:05 of the special prosecutor."

04:06 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

04:07 of the special prosecutor."

04:08 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

04:09 of the special prosecutor."

04:10 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

04:11 of the special prosecutor."

04:12 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general

04:13 of the special prosecutor."

04:14 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general,

04:15 I'm the attorney general of the special prosecutor."

04:16 I said, "I'm the speaker of parliament, I'm the attorney general of the special prosecutor."

04:39 What you need to do is to fund the office of the attorney general well and remove the

04:49 minister of justice.

04:53 You separate the two.

04:54 The minister of justice is a political appointee.

04:58 The attorney general is a technical person and he only is ranked in conditions of service

05:05 to that of a minister of state.

05:08 That doesn't mean they have to be incorporated too.

05:11 The special prosecutor is out of frustration.

05:37 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general,

06:02 I'm the attorney general of the special prosecutor."

06:30 I said, "I'm the speaker of parliament, I'm the attorney general, I'm the attorney general,

06:59 I'm the attorney general of the special prosecutor."

07:29 The office of the special prosecutor, the most important thing, is the heartbeat of

07:38 the office.

07:39 The office is the prosecutorial power.

07:42 It is the authority of the prosecutor.

07:46 Indeed, if you are a critic against corruption, and some individuals like Mr. Domble, you

07:53 can put your finger on the commercializing the fight against corruption such that citizens

07:59 can be prosecuted, and the court can put a border on corruption.

08:03 First, the special prosecutor is not independent the way the special prosecutor's office is.

08:14 If you are fighting corruption, and there is a special prosecutor in the office, he

08:32 is supposed to be independent.

08:33 Unfortunately, he doesn't make him that independent.

08:34 Independent in terms of being able to do prosecution.

08:43 If you are in a conflict in the 92 Constitution, in that 92 Constitution, prosecution must

08:54 only be done by the attorney general and the minister of justice.

08:59 The minister of justice and the attorney general, they both decide to obey prosecution.

09:06 In that case, the special prosecutor is the one who decides to obey prosecution.

09:13 The attorney general is the one who decides to obey prosecution.

09:20 The attorney general is the one who decides to obey prosecution.

09:25 The special prosecutor is the one who decides to obey prosecution.

09:31 That is where the independence lies.

09:36 The special prosecutor's office, in fact, the special prosecutor, the heartbeat of that

09:44 office is the ability to prosecute.

09:47 So you take away that heartbeat.

09:50 At the end of the day, it's all because of the two men.

09:53 They clearly acted against each other.

10:00 They didn't want to fight.

10:02 They didn't want to fight.

10:04 They passed it.

10:05 Over how many years, actually, Ana would be, to say, speaker of parliament, would she act

10:13 against each other?

10:14 Because this is something we've been talking about.

10:17 Ana acted against her.

10:18 And if you show the record, if you ask the parliament, it passed through parliament.

10:24 Parliament also made a decision.

10:26 Also, Oka, also Oka Ahuanse, but at that time he was alone.

10:30 Oka Ahuanse, but at that time he was alone.

10:33 When you have support, stand up, actually.

10:35 He was alone, how?

10:38 I don't get it.

10:39 I mean, once you go to parliament, normally, you're not still lower.

10:42 You have processes involved.

10:43 Even individual parliamentarians, which may affect the changes.

10:47 If you say, "Oka, you were alone, I don't know what that means."

10:50 If you are...

10:51 If you are a speaker and someone who is a populist, that's it.

10:54 You don't have to be so high-minded.

10:57 That is the impression created.

10:59 Because Oka Ahuanse, you know, you are in parliament.

11:01 You and Oka Ahuanse, you make this advocacy.

11:05 And I'm here.

11:06 And when I do the same here, Oka Ahuanse, you are not here.

11:09 And I make it that way, and I was alone.

11:11 I'm impressed that you are here to affect any amendment.

11:14 But you are part of parliament.

11:16 You are part of the changes.

11:17 And that's the Mwana Mwa Approval Bill, Emanu-Beryl Law.

11:20 You passed through all these processes.

11:22 You are part of it.

11:23 How many years?

11:24 If you were alone, since when you are a speaker?

11:31 Whether you are a member of parliament or a speaker, since when?

11:35 And what can be done about that?

11:37 Okay, the Act is problematic.

11:42 It has issues.

11:44 It is not effective.

11:46 It is not effective in the office.

11:48 And this is an amendment.

11:50 Is that what you are suggesting?

11:51 What I'm saying is that the Act is problematic.

11:55 It is problematic.

11:59 The issue is parliament must ensure that the necessary amendment is done.

12:06 It will not take someone from parliament for the person to rather come out to ask and come and lament.

12:12 It doesn't work that way.

12:14 But, Wosen, Wosen, who changed someone, special prosecutor Nkasaba out about two weeks ago,

12:20 it's not a problem of say, Obenya, Akwenyansu Obenye prosecution.

12:25 That's not his problem.

12:27 He didn't mention that he was a Attorney General.

12:37 That's where his problem lies.

12:45 Okay, so you move if he asks.

12:49 Now, let's talk about the cost.

12:51 If it is about the cost now.

12:53 Special prosecutor can't cost anything.

12:57 The truth of the matter is that Embra, special prosecutor, he made a comment on this.

13:01 It was a clear public thing.

13:03 So now we decided to engage him.

13:05 The cost, the cost, the cost of the court is based on emotions and sentiment.

13:12 And Embra, any fact, any of the above,

13:14 Let's just say unprepared, he's the one who's going to court.

13:17 Exactly, you don't have to prepare the court.

13:23 Okay, Wosen, let's talk about the cost of the court.

13:26 You're a ranking member of the Constitutional and Legal Affairs of the Parliament.

13:31 Now, I hope you're not going to be a prosecutor.

13:33 Ben, I hope you're not going to be a prosecutor.

13:36 Yes, I'm not going to be a prosecutor.

13:38 Alright, so Embra, you're a special prosecutor in the Parliament.

13:43 Yes, I'm in the Parliament.

13:45 And the speaker said that Embra is not going to be a prosecutor on the basis of his experience.

13:50 You, Masibion Fonkan, you're a member of the Constitutional and Legal Affairs Committee.

13:55 How do you feel?

13:56 What is your reaction to what you're saying?

13:58 Well, being part of the Constitutional, Legal and Parliamentary Affairs Committee,

14:05 that look at that particular law that we refer to as the Office of the Special Prosecutor's Office.

14:14 We had difficulty, real difficulty.

14:18 But let me use the opportunity to apologize to the listeners.

14:23 That I am a member, my speech is not all that good, so I should be permitted to speak English.

14:31 It was really a difficult situation to really craft this particular law to back the policy of the government in 2017.

14:40 Why am I saying this?

14:43 If you look at the Constitution in Article 88, particularly Article 88(3) of the 1992 Constitution,

14:56 it is clear that the Attorney General is solely responsible for the conduct of civil cases, all civil cases,

15:07 for and on behalf of the state. And he is as well solely responsible for the conduct of all criminal cases for and on behalf of the state.

15:22 So if there is a civil action against the state, it is the Attorney General that is solely responsible.

15:30 If there is a criminal action for which the Republic is supposed to prosecute, it is the Attorney General.

15:38 And any other agency that will have to do that must do so on the authority of the Attorney General.

15:48 So, on our behalf, we want to craft the Office of the Special Prosecutor as an independent institution.

15:59 So, having regard to the Constitutional imperative in Article 88, it is really very difficult creating this particular office as an independent body,

16:13 envisaged by the policy.

16:16 So, on our behalf, per what you are saying, that means you envisage this problem.

16:24 But we didn't hear you protest in loudness or in rejection or in protest at the time.

16:31 If you go to read the Hansard, probably it's several years now, but the Hansard can bear me out and other members of the Assembly out,

16:43 that we have a difficulty creating an independent institution as we envisage this to be.

16:53 Because the Constitution is the power of the Attorney General.

16:58 Honorable Yiafo, so if the Speaker says he was alone at that time, raising concerns about the nature of the bill, what do you say to that?

17:07 No, he wasn't alone. His view, in my memory, was supported by other members of Parliament.

17:16 So, the Speaker is lying.

17:18 Let me finish. That was a Parliament where we have 169 members are the majority and 136 minority.

17:29 So, in everything that you do, it is the majority that carries the day.

17:34 Okay.

17:35 You understand? That was what really happened.

17:39 But the view that the Speaker expressed today, do not take it out of context.

17:46 Honorable Yiafo, for the Speaker to state emphatically that he was alone at the time, that means he did not get the needed support to raise these concerns.

17:54 Meaning, the needed support like nobody has supported his view.

17:59 Exactly.

18:00 I don't think that is what the Speaker even meant.

18:04 I can express a view in Parliament. I am the one expressing the view.

18:09 But if at the end of the day, I do not have the majority of the members agreeing with me, I am the proponent.

18:18 So, I will lose.

18:20 So, I can use expressions that I didn't have the support.

18:24 Because if you have the support, your view would have been carried out.

18:28 Alright. Honorable, thank you very much.

18:30 I still have someone on the line, so I would want to...

18:35 What's the matter?

18:37 Honorable Yiafo, the member of the committee raised issues.

18:42 But I say, it is not my fault because they were on the minority side.

18:46 It is not my fault.

18:48 I am not the one who raised the issue.

18:51 I know what you are saying.

18:53 You are better late than never.

18:55 It is not my fault that I am on the minority side.

18:58 I am on the minority side because in 2020, you came back and you had the same power.

19:03 From 2020, 2021, 2022.

19:05 The power that the Speaker has in this country, nobody can underestimate it.

19:12 If you look at the number 3, 2 or Ghana, you will see that they are all equal.

19:17 I don't know what you mean by that.

19:19 To correct the wrong.

19:21 Enough of the rhetoric.

19:23 I would like to invite Emmanuel Wilson, Honorable Bernard Yiafo, ranking member of the Constitutional, Legal and Parliamentary Affairs Committee.

19:34 He is the one who raised the issue.

19:36 I would like to invite him to give us a short report on the discussion.

19:39 I would like to invite him to give us a short report on the discussion.

19:41 He is the one who is in charge of the DBS industry.

19:43 He will be here on 26th December.

19:45 He will give a brief speech.

19:47 He will give a brief speech.

19:49 (dramatic music)

Office of Special Prosecutor: What next after Agyabeng slams Judiciary and Bagbin write of OSP? - The Big Agenda on Adom TV (12-12-23)

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