On Tuesday, Parliament unanimously approved the re-nomination of Madam Cynthia Naa-Koshie Lamptey as Deputy Special Prosecutor for a second five-year term. Madam Lamptey’s initial appointment as Deputy Special Prosecutor was made in 2018 for a five-year term, pursuant to Section 16(2) of the Office of the Special Prosecutor Act, 2017 (Act 959) and with the prior approval of Parliament. Her first term came to an end in May 2023.
In a letter dated 6th July 2023, Mr. Godfred Yeboah Dame, the Attorney General and Minister of Justice, informed Parliament that President Nana Addo Dankwa Akufo-Addo, in accordance with Article 195(2) of the 1992 Constitution and Section 16(3) of the Office of the Special Prosecutor Act, 2017 (Act 959), had delegated to him the power to re-appoint Madam Lamptey for another term. This re-nomination was, however, subject to the approval of Parliament.
Following the submission of the nomination to the Appointments Committee for consideration, the vetting of Madam Lamptey was conducted behind closed doors. This decision was taken in accordance with Standing Orders 6 and 17(2), and in line with the precedent set in the Supreme Court case of Joseph Henry Mensah versus Attorney-General, which established “prior approval” as a term of art.
During the vetting process, Madam Lamptey assured the Committee of her unwavering belief in the independence of individuals appointed to the Office of Special Prosecutor. However, concerns were raised by the Committee about the effects of publishing cases under investigation and referencing the identity of the persons involved before charges were proffered.
In response, the nominee clarified that the publication list only cited the Attorney-General against the person under investigation, and she viewed this publication as not constituting culpability.
Mr. Alexander Kwamina Afenyo-Markin, the Deputy Majority Leader and New Patriotic Party (NPP) Member of Parliament (MP) for Efutu, moved the Motion for the House to adopt the report. He stated that Madam Lamptey had effectively discharged her duties without any adverse reports from her superiors or the public, which made her re-nomination worthy of consideration.
Similarly, Mr. Haruna Iddrisu, the National Democratic Congress (NDC) MP for Tamale South, called for the criminalization of unexplained wealth, placing the burden of proof on the accused person.
On the other hand, Mr. Mohammed Mubarak Muntaka, NDC MP for Asawase, expressed concern over the decision to conduct the vetting process in camera. He argued that the Standing Orders of the Appointments Committee state that vetting should be held in public and suggested that this precedent might be misused in the future.
Despite these concerns, the House, presided over by First Deputy Speaker Mr. Joseph Osei Owusu, unanimously approved Madam Lamptey’s nomination by a voice vote.
The re-nomination of Madam Cynthia Naa-Koshie Lamptey as Deputy Special Prosecutor signifies Parliament’s confidence in her abilities and reinforces the importance of the Office of Special Prosecutor in combating corruption and ensuring accountability within the government. Her approval for a second term will enable her to continue her efforts in upholding the rule of law and promoting transparency in the country’s governance.
