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Throwing the Baby Out With the Bathwater?

Throwing the Baby Out With the Bathwater?

Julian Owusu Abedi by Julian Owusu Abedi
December 11, 2025
in Opinion
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by Richard DABLAH
The world you believed to be steady—the rules, the balances, the architecture of accountability—has already cracked. This is not a tweak to procedure. It is a re-sorting of power: who names public sin, who reads it aloud, who punishes, who pardons. The debate over the Office of the Special Prosecutor wears the mask of constitutional housekeeping and managerial efficiency. Peer behind that mask. You will find a quieter transaction: control being bought, traded, and reallocated.

You might think this is legalese and political theatre. Ask yourself instead: who benefits when discretion moves closer to the centre? The instinctive answer—faster, clearer prosecutions—sounds reasonable. But your instincts can be trained. They will tell you what the actors want you to hear. Listen to the dissonance between rhetoric and consequence.

People in positions of authority do not only calculate; they defend identity. Motivated reasoning, status-defending loyalty, and the small comforts of in-group thinking shape choices more than any abstract rulebook. Public complaints about delays become narratives that justify structural surgery. Behind the closed doors, fear of exposure and the loss of patronage rents are the true drivers. That fear is not dramatic. It is ordinary. It is quiet. It is effective.

Laws do more than punish; they set the map of visibility. Whoever controls prosecution sets what is visible as crime and what is folded back into politics. Centralising prosecutorial power is not neutral. It concentrates judgment in hands that answer to political chains of command. Discretion is not a bug; it becomes the feature. Selective enforcement is possible when one office decides which doors open and which stay locked.

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Institutions survive because communities surround them with practices: vigilant journalism, resilient NGOs, fearless lawyers, whistleblowers who expect protection. Remove or weaken those practices and institutions leak. The push to reform or repeal trades on collective forgetfulness and public impatience. Media hunger for spectacle; donors crave predictability; civic groups pursue influence. Each actor pursues its own currency. The result is not random; it is patterned.

Legitimacy is not a citation of statute; it is the feeling that procedures serve justice, not advantage. A textual correction that strips an office of independence may be lawful, but lawfulness is not the same as moral authority. When the polity reads a reform as a transfer of discretion for protection, the claim to legitimacy peels away. Ethics here is structural: how to build processes that resist survival-driven manipulation.

Institutions are marketplaces where influence, appointments, and budgets are traded. The repeal fight is a ledger entry: a calculated redistribution of authority, budget lines, and reputational risk. Politicians do the arithmetic in private. Citizens inherit the deficit in public trust, diminished deterrence, and the quiet emboldening of predation.

Now the hard truth you already suspected: this is a contest over shame. Whoever controls prosecutions controls public blame and private shelter. That control shapes incentives across the state. Ministers who fear independent review shrink the space for looting. Ministers who expect protection feel untethered. The glossy claim—efficiency—is a sale pitch. The commodity on offer is discretion.

Anticipate the counter-claims you will hear. They will call this a constitutional tidy-up. They will note inefficiency, duplication, delay. Those are real problems. But solving them need not require surrendering institutional independence. The real measure is not script or statute; it is pattern. Watch what follows a legal change:

— Who is indicted, and whose names never surface.
— How appointment rules are rewritten.
— Which budgets grow and which are hollowed out.
— Whether whistleblowers feel safer or quieter.

Do not look solely for grand gestures. The reversal will arrive in small technical edits, in appointment memos, in budget lines, and in the steady remapping of prosecutorial priorities. Those are the motions that reshape a system.

I offer no final verdict. I offer instead a posture: skeptical attention. Read the language of the actors for what it masks. Hear “constitutional correction” when what is being sought is discretionary shelter. Hear “save the office” when symbolism still commands value.

Audi alteram partem.

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