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Martin Amidu Wades into Constitutionality of the OSP with Riveting Article

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In this feature article, former Special Prosecutor Martin Amidu examines the constitutional challenge brought by one Noah Ephraem Tetteh Adamtey against the Office of the Special Prosecutor Act, 2017 (Act 959), currently pending before Ghana’s Supreme Court. Amidu notes that the Attorney-General has filed a Statement of Case that substantially agrees with the plaintiff’s position that Sections 3(3) and 4 of Act 959 violate Articles 88, 93(2), and 296 of the 1992 Constitution. He criticizes CDD-Ghana Executive Director H. Kwasi Prempeh for attacking the Supreme Court’s unanimous ruling that refused the OSP’s application to join the case as a second defendant, arguing that the ruling was consistent with Article 88(5), which requires all civil proceedings against the State to be instituted against the Attorney-General. Amidu, the first to be appointed Special Prosecutor, identifies defects in both the plaintiff’s writ, noting that Sections 3(3) and 4 do not actually confer the powers the plaintiff claims, and the Attorney-General’s proposed case, which he describes as lacking neutrality and balance. He concludes that the relationship between the Special Prosecutor and the Attorney-General under the current government has broken down beyond repair, and the two cannot co-exist effectively in the fight against corruption.


The constitutionality of the Office of the Special Prosecutor 2017 (ACT 959)

By Martin Amidu (Former Special Prosecutor)

Date: Saturday, 18 April 2026


INTRODUCTION

One Noah Ephraem Tetteh Adamtey has succeeded in raising the question of the constitutionality of the Office of the Special Prosecutor Act, 2017 (Act 959) for interpretation and declaratory reliefs before the Supreme Court in an action he commenced against the Attorney-General on 8 December 2025. An earlier attempt by Mr. Ken Agyei Kuranchie in 2023 challenging the constitutionality of Act 959 was discontinued in July 2024 by the Supreme Court for lack of prosecution and without liberty to bring a further action against the Attorney-General.

The Defendant in the Adamtey action, the Attorney-General, failed to timely file a defence to the action as required by the Rules of the Supreme Court, despite the fact that the Deputy Attorney-General was the source of a leak of the fact that the Plaintiff had commenced the action against the constitutionality of Act 959. Exactly four months after the commencement of the action by the Plaintiff against the Republic of Ghana, with the Attorney-General as Defendant, the Defendant filed an application on 8 April 2026 in the Supreme Court praying for leave for extension of time to file the Statement of Case for the Defendant, fixed for hearing on 16 April 2026. The Statement of Case of the Defendant, as required by the Rules of the Supreme Court, was exhibited to the application for extension of time as “Exhibit AG1” and contains the Attorney-General’s case, which substantially agrees with the Plaintiff’s case. (The Court has since granted the extension of time.)

Between 8 December 2025, when the Plaintiff filed his action, and 8 April 2026, when the Defendant filed his application for extension of time, the Office of the Special Prosecutor (OSP) sought, by an application filed in the Supreme Court on 15 December 2025 and disposed of on 27 January 2026, to join the action as Second Defendant. The Supreme Court refused the joinder in a unanimous ruling, stating that:

“…We are of the view that the Office of the Special Prosecutor is not a necessary party to the action and that this suit may be properly adjudicated upon without their presence as parties. This application for joinder is therefore refused.”

Noah Ephraem Tetteh Adamtey’s action against the Attorney-General was known and available to the public and to anti-corruption civil society organisations since the case was filed in the Supreme Court on 8 December 2025. The Rules of the Supreme Court allow Interested Parties, who take the view that a constitutional action raises issues impacting them, to apply to join such action. There is no evidence that since the Plaintiff filed his action on 8 December 2025, any person or civil society organisation has applied to join the action as an Interested Party to make submissions contesting the Plaintiff’s case.

AN EXAMINATION OF THE REACTION TO DEFENDANT’S CASE

Nonetheless, immediately after the Defendant, the Attorney-General’s application for extension of time became public, the Executive Director of a civil society organisation called CDD-Ghana took to social media to attack the ruling of the Supreme Court delivered on 27 January 2026 for refusing to allow the OSP to join the action as Second Defendant.

The anti-corruption civil society organisations, which are organised under the umbrella of CDD-Ghana, have a stake in the existence of the OSP, as it impacts their ability to source donations from donors for their anti-corruption campaigns.

Mr. H. Kwasi Prempeh, the Executive Director of the Centre for Democratic Development (CDD-Ghana), who played a central role with President Akufo-Addo and his Attorney-General, Ms. Gloria Akuffo, in the drafting and submission of the Office of the Special Prosecutor Bill, 2017 to Parliament for enactment into law as Act 959, now blames the Supreme Court for complying with the mandatory terms of Article 88(5) of the Constitution in refusing the joinder application by the OSP. Article 88(5) of the 1992 Constitution states that “all civil proceedings against the State shall be instituted against the Attorney-General as defendant.” The unanimous decision of the Supreme Court dated 27 January 2026 refusing the OSP’s application for joinder is consistent with Article 88(5) of the Constitution.

In any case, the post facto condemnation of the ruling of the Supreme Court is premised on the false assumption that, despite the wording of Article 88(5) of the Constitution, the Supreme Court’s ruling endorsed any conduct of the Attorney-General that colludes with the substance of the Plaintiff’s action in the Statement of Case. Nothing under adversarial justice prevents a Defendant from admitting the case of the Plaintiff or part thereof, as the Attorney-General’s draft Statement of Case proposes, however unethical it may seem.

Mr. H. Kwasi Prempeh is not qualified to hold himself out as a person qualified to practise law in Ghana, let alone qualify for appointment to any court in Ghana, and should not behave as though he understands the constitutional law of Ghana and the rules of practice of the Supreme Court better than the Chief Justice and the four other Justices of the Supreme Court who refused the joinder application of the OSP. The fact that the Akufo-Addo Government, with whom he was associated, appointed him to the Law Reform Commission does not qualify him to speak as though he is a properly qualified legal practitioner in Ghana.

The proper course for any person or body of persons who disagree with the position taken by the Attorney-General on the action filed by the Plaintiff on 8 December 2025 challenging the constitutionality of Act 959 is to apply to the Supreme Court as Interested Parties and submit arguments as to why the provisions of Act 959 being challenged are constitutional.

DEFECTS OF THE PLAINTIFF’S WRIT AND CAUSE OF ACTION

On 8 December 2025, one Noah Ephraem Tetteh Adamtey commenced an action in the Supreme Court of Ghana against the Attorney-General challenging the constitutionality of portions of the Office of the Special Prosecutor Act, 2017 (Act 959). The Plaintiff sought eight reliefs. The main contention of the Plaintiff, discernible from the first five reliefs, is that Sections 3(3) and 4 of Act 959 are inconsistent with and contravene Articles 88, 93(2) and 296 of the 1992 Constitution and are accordingly void.

Article 88(3) and (4) delegates the executive authority and responsibility of the President under Article 58 of the Constitution to the Attorney-General for the initiation and conduct of all prosecutions of criminal offences. All criminal offences are to be prosecuted in the name of the Republic of Ghana at the suit of the Attorney-General or any other person authorised by him in accordance with any law.

The substance of the Plaintiff’s first five reliefs anchored on Section 3(3) of Act 959 states that:

“A declaration that Sections 3(3) and 4 of Act 959, in purporting to make the Office of the Special Prosecutor independent of the Attorney-General in the initiation, conduct, and termination of prosecutions, violates the Constitution.”

The problem which any experienced and erudite constitutional advocate in the Supreme Court will immediately recognise is that Sections 3(3) and 4 of Act 959 do not confer upon the Special Prosecutor the powers the Plaintiff claims they do. Section 3 of Act 959 deals with the functions of the OSP and not the powers of the Special Prosecutor.

Section 4 of Act 959 deals with the mandate of the Office, and subsection (2) thereof subjects the powers of the Special Prosecutor to Article 88(4) of the Constitution and therefore cannot be said to be void. The Plaintiff also attempts in reliefs (a) and (b) to rely on Article 296 of the Constitution on discretionary power, as though it applies to prosecutorial discretion of the Attorney-General. However, experienced legal representation by an Interested Party may argue that prosecutorial discretion derives from the common law as part of the existing law under Article 11 of the Constitution, which restricts judicial interference in prosecutorial discretion.

The sixth relief appears contradictory, or at best alternative, when it seeks:

“A declaration that any statutory delegation of prosecutorial authority made pursuant to Act 959 does not bind subsequent Attorneys-General and lapses upon the assumption of office of a new Attorney-General unless re-authorised by that Attorney-General.”

This relief cannot co-exist with the first five reliefs and cannot properly constitute part of the same cause of action. The Plaintiff appears to concede that Act 959 is intra vires Article 88, except in relation to its effect on succeeding Attorneys-General.

DEFECTS OF THE ATTORNEY-GENERAL’S PROPOSED CASE

The draft Statement of Case of the Defendant exhibited to the application for extension of time filed on 8 April 2026 also contains contradictory submissions, misrepresentations of fact and law, which any experienced practitioner of constitutional law appearing as an Interested Party may bring to the attention of the Court.

The Attorney-General is at all times an officer of the Court, expected to assist in the administration of justice without fear or favour. One would therefore expect the Defendant’s Statement of Case to objectively and impartially address the implications of the nomination of the Special Prosecutor by the Attorney-General for appointment by the President, and its effect on prosecutorial powers under Act 959.

The Supreme Court may also be assisted by comparative reasoning, including the US Supreme Court decision in Morrison v Olson, 487 U.S. 654 (1988), which upheld independent counsel provisions under the Ethics in Government Act.

CONCLUSION

This discourse should not be interpreted as an endorsement of the constitutionality of Act 959. I have previously indicated that I anticipated challenges to Act 959 during my tenure as Special Prosecutor, and I was not surprised when such challenges eventually arose.

The Attorney-General’s Statement of Case, as proposed, does not appear to present a neutral or balanced response capable of assisting the Supreme Court in resolving the constitutional issues fairly. Rather, it appears to substantially align with the Plaintiff’s case.

At the end of the day, the relationship between the Special Prosecutor and the Attorney-General under this Government appears to have broken down beyond repair. The Special Prosecutor and the Attorney-General, as presently constituted, cannot co-exist effectively in the fight against corruption.

Commentary

More Than 9,000 Ghanaian Children Have Been Treated for Clubfoot, Yet Many More Are Still Being Left Behind

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Article by Nana Afua Adutwumwaa Adjetey, Program Manager, Ghana Clubfoot Program (CHAG–Hope Walks Ghana)


As Ghana joins the global community to commemorate World Clubfoot Day on June 3, there is an important story that deserves national attention.

It is the story of thousands of Ghanaian children who have been given the opportunity to walk, run, play, attend school, and pursue their dreams because they received treatment for clubfoot.
It is also the story of many other children who continue to miss that opportunity because of delayed diagnosis, stigma, misinformation, and lack of awareness.

Clubfoot is one of the most common congenital disabilities affecting children worldwide. It is a condition present at birth in which one or both feet are twisted inward and downward. If left untreated, a child may face lifelong challenges with walking, education, employment, and social inclusion.

Yet clubfoot is also one of the most treatable childhood disabilities.
When identified early and treated correctly, children born with clubfoot can live healthy, active, and productive lives.

A Hidden Challenge Affecting Hundreds of Ghanaian Families

In Ghana, an estimated 1,000 babies are born with clubfoot every year.

Many of these children are born into families who have never heard of the condition. Others are born in communities where myths, misconceptions, and stigma still surround childhood disabilities.

Some parents are told their child will eventually “grow out of it.”
Others are encouraged to seek traditional remedies before medical care.
In some cases, families hide affected children for fear of judgment and discrimination.

Unfortunately, these delays come at a cost.
Clubfoot treatment is most effective when started soon after birth. Every week and month of delay can make treatment more difficult and increase the risk of long-term disability.

The Cases We Meet Every Day
Across our clubfoot clinics in Ghana, we meet families whose stories reveal the challenges that still exist.

We meet mothers who travel long distances after hearing about treatment through a friend, church member, radio programme, or social media post.
We meet caregivers who have spent months searching for answers because they did not know where to go for help.
We meet children who arrive years after birth because no one identified the condition early enough.

Most concerning, we continue to encounter situations where clubfoot was not recognised at birth or families were not informed that treatment was available.

Many parents tell us they were never referred. Others say they were unaware clubfoot could be treated at all.
These experiences remind us that awareness remains one of the greatest barriers to eliminating disability caused by clubfoot.

The Good News: Treatment Works; And It Is Free


Despite these challenges, there is tremendous reason for hope.

The Ghana Clubfoot Program, implemented by the Christian Health Association of Ghana (CHAG) in partnership with Hope Walks, has been transforming lives since 2008.

Most importantly, treatment is provided completely free of charge for children under five years of age at CHAG–Hope Walks partner clinics across Ghana.
No child should be denied the opportunity to walk because of a family’s inability to pay.

Over the past 18 years, more than 9,000 children born with clubfoot have received treatment and care through the programme.
That means more than 9,000 children now have the opportunity to walk with confidence, attend school, participate in sports, and live productive lives.

Behind every number is a story:
A child who can now run with friends.
A student who can walk to school.
A parent whose fears have been replaced with hope.
A family whose future has been transformed.

The treatment follows the internationally recognised Ponseti Method, which uses a series of gentle casts to gradually correct the position of the foot, followed by a brace to maintain correction and prevent relapse.
When treatment begins early, success rates are extremely high.

These successes demonstrate a simple but powerful truth:
Clubfoot is treatable. Treatment is available. And treatment is free.

The Critical Role of Health Professionals
World Clubfoot Day is also an opportunity to celebrate the dedication of health professionals who change lives every day.

Midwives, nurses, doctors, physiotherapists, orthopaedic specialists, community health nurses, and Parent Advisors all play a vital role in ensuring children receive treatment early.

For many children, the journey begins with a health worker who identifies clubfoot at birth and makes a referral.
A few moments of observation can change the course of a child’s life forever.

We therefore encourage all healthcare professionals to make clubfoot screening part of every newborn assessment and to ensure every identified child is referred promptly for treatment.

Breaking the Stigma


As a nation, we must confront the stigma that continues to surround disability.

Clubfoot is not a curse.
It is not caused by wrongdoing.
It is not a punishment.
It is a medical condition that can be treated successfully.

Families should never feel ashamed to seek help.
Communities should support parents rather than judge them.
Children born with clubfoot deserve the same opportunities, dignity, and inclusion as every other child.

A National Call to Action
As we commemorate World Clubfoot Day 2026, we call on all Ghanaians to become part of the solution.

We call on health workers to identify and refer clubfoot cases immediately after birth.
We call on parents and caregivers to seek treatment as early as possible.
We call on religious leaders, traditional leaders, and community influencers to help raise awareness and eliminate stigma.
We call on media organisations to continue educating the public about clubfoot and the availability of free treatment.
We call on policymakers and health stakeholders to strengthen support for early detection, disability inclusion, and child health services.

Many families are still unaware that clubfoot treatment is available free of charge in Ghana. This lack of awareness continues to delay treatment for children who could otherwise receive life-changing care at no cost.

Over the past 18 years, the Ghana Clubfoot Program has demonstrated that clubfoot can be treated successfully.
Our challenge now is to ensure every child born with clubfoot is identified early enough to benefit from that treatment.

No child should be denied the opportunity to walk because of lack of information.
No family should suffer in silence because they do not know help is available.

This World Clubfoot Day, let us commit to one simple but powerful message:
SEE EARLY. TREAT EARLY. WALK FREELY.

For information on free clubfoot treatment in Ghana:
Ghana Clubfoot Program (CHAG–Hope Walks Ghana)
📞 024 487 9948

“Over 9,000 children have already been given the chance to walk through treatment. Our challenge now is to ensure that no child is left behind because of late detection, stigma, or lack of information.”
Mrs. Nana Afua Adutwumwaa Adjetey, Program Manager, Ghana Clubfoot Program (CHAG–Hope Walks Ghana)

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Commentary

How Ghana Forced the Vatican’s Hand: What Pope Leo XIV Said and Didn’t Say in Historic Apology for Church’s Role in Slavery

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When Pope Leo XIV issued an unprecedented apology on Monday for the Holy See’s role in legitimizing centuries of slavery, it did not happen in a vacuum.

Just two months earlier, Ghana had achieved what many thought impossible: convincing the United Nations General Assembly to declare the trafficking and enslavement of Africans “the gravest crime against humanity.”

That resolution, spearheaded by Ghana’s President John Dramani Mahama and adopted with 123 votes in favor on March 25, 2026, created the political and moral architecture that made the Vatican’s apology nearly inevitable. The Holy See, after all, could hardly ignore a world body declaring that the system its own 15th-century papal bulls had legitimized now ranks as humanity’s worst offense.

“The discussions surrounding the Resolution included debates about historical references to the Church, Papal Bulls and the transatlantic slave trade, making the Pope’s apology especially significant,” Ghana’s Ministry of Foreign Affairs said in a statement welcoming Leo XIV’s encyclical, Magnifica Humanitas (Magnificent Humanity).

The government described the Pope’s apology as “an act of moral courage” and a significant contribution to “the global pursuit of historical truth, justice and human dignity.”

What the Pope Said—And Didn’t Say

In his 82-page encyclical, released on May 25, 2026, Pope Leo XIV did something no pontiff had done before: he explicitly acknowledged that past popes had given European sovereigns explicit authority to subjugate and enslave “infidels.”

“Already in the early modern period, the Apostolic See of Rome, responding to requests from Sovereigns, intervened several times in order to regulate and legitimize forms of subjugation, and, in certain cases, the enslavement of ‘infidels,'” Leo wrote.

He acknowledged that “in antiquity and the Middle Ages many individuals and even ecclesiastical institutions had slaves,” and that it took “eighteen centuries” for the Church to explicitly recognize slavery’s full incompatibility with human dignity.

“It is impossible not to feel deep sorrow when contemplating the immense suffering and humiliation endured by so many,” Leo wrote. “For this, in the name of the Church, I sincerely ask for pardon.”

Previous popes had apologized for Christians’ involvement in the slave trade. St. John Paul II, during a 1985 visit to Cameroon, asked forgiveness of Africans on behalf of Christians who participated, and in 1992 on Gorée Island, Senegal, he denounced the “tragedy of a civilization that called itself Christian.” But no pope had ever publicly acknowledged—much less apologized for—the role that past pontiffs played in legitimizing the trade.

Shannen Dee Williams, a historian at the University of Dayton and author of Subversive Habits, called the apology a “monumental step toward the essential truth-telling and reparation that many Catholics have prayed and worked to witness.”

A History of Apologies: The Growing Chorus

Leo XIV’s apology joins a growing list of institutional acknowledgments of complicity in slavery and the slave trade. While each has been significant in its own right, none has carried the full weight of a formal, institutional acknowledgment from the Vatican—until now.

The Church of England (2006): On February 8, 2006, the Church of England’s General Synod voted 238 to 0 to apologize for the Church’s role in the transatlantic slave trade. The vote acknowledged that Anglican leaders owned thousands of slaves on plantations in Barbados and that the Society for the Propagation of the Gospel in Foreign Parts branded enslaved people with hot irons bearing the letters “SOCIETY.” The apology came 199 years after Britain abolished the slave trade, and its unanimous passage was described as a “wake-up call” to pursue concrete solutions.

The U.S. House of Representatives (2008): For the first time in American history, the U.S. House of Representatives formally apologized for slavery and the era of Jim Crow segregation. The non-binding resolution expressed regret for the “fundamental injustice, cruelty, brutality, and inhumanity of slavery” and for laws that “established a system of de jure and de facto segregation and discrimination”. The Senate never passed a companion resolution, leaving the apology incomplete.

JPMorgan Chase (2005): The American banking giant apologized for its predecessor banks’ involvement in the slave trade, acknowledging that two Louisiana banks it had acquired accepted enslaved people as collateral on loans. The company established a $5 million scholarship program for Black students in Louisiana.

Greene King and Lloyd’s of London (2020): In the wake of the Black Lives Matter protests, the British pub chain and the insurance market both apologized and committed to reparations after the Legacies of British Slavery database revealed their historic ties to the trade. Greene King, founded by a prominent slave trader, pledged to invest in Black and minority ethnic communities and create new programs to support diversity.

The Hudson’s Bay Company (2021): Canada’s oldest corporation launched its “Charter for Change” initiative, committing $30 million over ten years to partnerships advancing racial equality, with a focus on Black Canadians and Indigenous peoples. The company acknowledged its “roles in the colonization of Canada” but stopped short of a formal apology specifically for slavery, despite research showing its early governors amassed wealth through West Indian slave labor and its founder, Samuel Cunard, profited from goods produced by enslaved people.

The Bank of Nova Scotia and CIBC (2020s): Canadian banks with founding ties to the slave trade—Scotiaba’s first president William Lawson amassed wealth through West Indian trade, and 13 of its 17 founders did the same—have funded Black community programs but have not issued formal apologies or reparations.

Why Ghana’s Resolution Changed Everything

The UN resolution, adopted on March 25, 2026, was the culmination of months of diplomatic effort led by President Mahama. It passed with 123 votes in favor, 52 abstentions, and only three countries—Argentina, Israel, and the United States—voting against it.

“The resolution is not about apportioning blame across generations or nations,” Ghana’s Foreign Minister Samuel Okudzeto Ablakwa said at the time. “It is about creating space for truth, education, and a more honest global conversation”.

For the Vatican, that conversation became impossible to ignore. The resolution specifically noted the role of religious institutions—including the Catholic Church—in legitimizing the trade. Ghana’s government explicitly linked the two events in its statement welcoming the Pope’s apology, saying the discussions at the UN “included debates about historical references to the Church, Papal Bulls and the transatlantic slave trade.”

From Apology to Action

As the Vatican’s first U.S.-born pope—a man whose own family history, according to genealogical research published by Henry Louis Gates Jr., includes both enslaved people and slaveholders—Leo XIV acknowledged that words alone are insufficient.

The encyclical connects the historical apology to contemporary forms of slavery, warning that “new forms of subjugation and slavery” have emerged “in the context of digital development” and the technological revolution.

Leo writes that the Church must condemn all forms of trafficking “if we want to avoid the need to ask for pardon again in the future for having failed to respect the treasure of human dignity.”

Ghana is already moving to fill the gap between apology and action. The government has announced plans to host a High-Level Consultative Conference in Accra from June 17 to 19, 2026, under President Mahama’s leadership, focusing on “next steps following the adoption of the UN Resolution and sustaining global engagement on historical justice and reconciliation.”

The Rev. Christopher J. Kellerman, a Jesuit priest and author of All Oppression Shall Cease: A History of Slavery, Abolitionism, and the Catholic Church, welcomed Leo’s apology but cautioned that more is needed.

“Pope Leo has strengthened the moral credibility of the church with this admission and apology today,” he told the Associated Press. “Hopefully, a future document will explain in more detail the church’s involvement with slaveholding.”

For descendants of enslaved Africans—in Ghana, in the Caribbean, in the United States, and across the diaspora—the convergence of Ghana’s diplomatic victory and the Vatican’s institutional apology represents something unprecedented: a moment when the world’s highest moral authorities, secular and religious, have aligned in acknowledging the truth.

Whether that truth translates into reparative justice remains the open question of our time.

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Commentary

The Draft NITA Bill Should be Shredded

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In this analytical critique, Bright Simons argues that Ghana’s proposed draft NITA Bill represents a dangerous overreach that would transform the National Information Technology Agency (NITA) from a coordinating ICT agency into a sweeping digital-sector regulator with unprecedented powers. Simons warns that the bill goes far beyond licensing IT professionals—it would grant NITA authority over ICT infrastructure, cloud services, SaaS platforms, public-sector technology procurement, professional certification, business premises, mergers, ownership structures (including a controversial citizen-only ownership clause), audits, sanctions, and enforcement powers including closure and seizure of assets. Simons contends that while Ghana certainly needs reforms to address public-sector procurement indiscipline and support local tech innovation, the current draft fails catastrophically by attempting to regulate a dynamic, AI-driven sector through rigid licensing frameworks that do not account for the diversity of ICT occupations—from laptop repairers to AI-assisted developers.

Read the full analysis below.

The Draft NITA Bill Should be Shredded

By Bright Simons

One of Ghana’s veteran business journalists, now based in New York, reached out and asked if I have been following the NITA bill debate. Sadly, I hadn’t. Too much going on.

He pressed, subtly but firmly, so I did.

I appreciate the ambition of the current management at the Ministry. I am sure they want their names in neon above Black Star Square. But there is a serious katanomic odour blowing from the bill they are promoting.

They would do well to assemble a group of truly independent tech folks from the ICT chamber, not just a bunch of their friends, listen hard, talk less, and take the advice. If they did, they would gut that manuscript and return to the drawing board.

Here is why, based on my quick take on the bill.

Bottom line

The Ministry of Communications, Digital Technology, & Innovations (MOC) does not merely appear to be proposing to “license IT professionals.”

The draft NITA Bill is much bigger. The plan is to convert NITA from a coordinating ICT agency into a broad digital-sector regulator with powers over ICT infrastructure, cloud, SaaS, digital platforms, public-sector technology procurement, professional certification, business premises, mergers, ownership, standards, audits, sanctions, and even the structure of government digital infrastructure. It is a wholesale revamp.

No one would have quarrelled with the bill if it had focused on the big problems in the sector: public sector procurement indiscipline and a lack of incentives for R&D and support for local tech innovations.

Ghana certainly needs improved standards and practices in digital assurance, interoperability, and accountability for critical systems (already captured in the “critical infrastructure” policy).

The katanomics arise when instead of learning from national mistakes and proposing workable solutions, one jumps the process to venture into a whole range of areas where the country absolutely lack policy experience.

  1. MOC’s Proposals

The draft/consultation bill proposes as follows:

A stronger NITA “Authority”

The Bill would establish NITA as a regulatory authority for ICT and digital services, with objects including regulation, coordination, promotion, standards, licensing, certification, interoperability, digital innovation, and public-sector ICT personnel management.

Mandatory licensing of ICT business activity

Section 35 (the bombshell that has sparked so much controversy). It says no person may engage in business or a related activity in the ICT sector unless granted a licence. It expressly includes installation of ICT infrastructure, development or provision of ICT products and services, and activities requiring licensing or certification. Doing any of these without a license could get one jailed, or at best fined.

Who is to be licensed?

Section 36 lists categories such as public/commercial ICT infrastructure, cloud hosting, SaaS providers, government digital services partnerships, national digital platform operators, data centre operators, and any other category the Authority later determines.

Citizen-only ownership qualification

Section 37 says a licence applicant must be an adult Ghanaian citizen, or a company/partnership/association/body “wholly owned by a citizen.” Essentially, it would now be illegal to engage remote experts to work on a system deployed in Ghana. Essentially, half the whiz kids in Silicon Valley would have been ineligible to build their genius gizmos had America had a law like this.

Certification of ICT professionals

Section 46 says a person shall not be appointed as an ICT professional in a public or private institution unless certified by the Authority, and that NITA shall determine the criteria and procedure. (Funnily, this contradicts the definitions section where “certified professional” is confined to the public sector.)

Closure, seizure, suspension and enforcement powers

NITA could close premises or facilities, seize ICT products/equipment, suspend business, revoke licences, and impose administrative penalties in specified circumstances.

M&A and business-structure control

Section 49 appears to require NITA approval before sale, transfer, merger, amalgamation, or alteration of the nature of an ICT service provider’s business.

There are also some less controversial proposals about setting up a special purpose national e-government vehicle, promoting transparency and interoperability, and preventing vendor lock-in.

Let’s focus, however, on the areas of the Bill that have rankled so many ICT professionals and would clearly not have seen the light of the day if the Ministry bosses had done any serious sounding beyond their clique.

  1. What do they mean by “ICT professional” anyway?

“IT/ICT professional” is not like “nurse,” “electrician,” “lawyer,” “chartered accountant,” or “professional engineer.” Those occupations usually have a more defined body of practice, recognised training path, public-risk rationale, and a reserved act or protected title.

“ICT” and “IT” are very loose umbrella terms. International occupational systems do not treat ICT as one unified profession. The International Standard Classification of Occupations classifies jobs by skill level and specialisation, not by one vague “IT professional” identity.

Eurostat and O*NET both list many distinct computer and mathematical occupations within that bracket: software developers, network architects, cybersecurity analysts, database administrators, web developers, data scientists, support specialists, QA testers, IT project managers, and many more.

Is the government of Ghana going to insist on licensing every single person in Ghana who builds a website, uses Microsoft Power BI to create some charts for a company, or deploys mermaid to craft some flyers for an event organiser?

The whole idea is totally ridiculous.

A more sensible approach would be to pry open the ICT chest open and only target the most critical functions. Example:

Critical Public Digital Infrastructure management (with a clear and rigorous process properly defined as to how any system gets to be elevated to that status to begin with);
Financial services cybersecurity auditing;
Tier II & III datacenter operations;
Public hospital digital health network administration;
Public ERP procurement readiness certtification.
The bill could then have said that for those functions, licensed professionals are required. The licensing regime would then have been constructed in an industry-led fashion much like we have in leading accounting jurisdictions. Frankly, the civil service is the last place to situate licensing for a dynamic sector like ICT.

More importantly, under no circumstances should any government aspire to poke its long nose into stuff like “writing code,” “installing a router,” “maintaining a school website,” “handling some graphic design,” “being a product manager at a food delivery company,” “using AI to generate a UI for a service,” or “working in an IT department of a small law firm.” The risks are not national-scale and employers should be left to manage their own personnel validation.

  1. Ghanaian laws already provide some protection

A standard feature of Katanomics is to pile laws upon laws without much effort being spent on reviewing how the current laws are performing, why gaps, if any, have formed, and what the lessons really teach.

The Cybersecurity Act creates a targeted licensing/accreditation regime for cybersecurity service providers, establishments, professionals and practitioners. That makes sense because cybersecurity services can create high systemic risk, and the Act contains a specific institutional mandate around cyber protection. If that has not stopped fraud in banks and telcos, there is a need to enhance our understanding and respond accordingly.

The Data Protection Act regulates controllers and processors of personal data, requires registration, imposes security obligations, requires written processor arrangements, and provides breach-notification duties. If the Data Protection Commission is only taken fees and isn’t really measuring up, the right approach is to fix it.

The Engineering Council could decide to create top-tier categories for “software engineering,” as well as hardware and electronic engineering if it aims to elevate the field. It already has the pedigree and legal infrastructure to proceed if it deems the time right.

  1. But don’t other countries already do this?

Well, some have tried but the lessons are worth taking.

Nigeria, for instance. The Computer Professionals Registration Council of Nigeria was created under a 1993 law and has a broad mandate over persons and organisations providing computing professional services.

The arrangement in Nigeria has gone nowhere. The country still has a huge informal and startup-driven tech sector. In practice, broad computing-profession regulation tends to become procurement gatekeeping, dues, professional conferences, anti-“quackery” rhetoric, and credential signalling. It has generated nothing of clear value to the sector.

Canada shows a narrower and more legally coherent model. Engineering regulators restrict titles such as “software engineer,” “computer engineer,” and “firmware engineer” where those titles imply professional engineering. But even there, regulators recognise that not all software development is software engineering. The Canadian fights over “software engineer” titles show how hard it is to map old professional-engineering concepts onto modern tech labour markets.

The United States tried a software-engineering professional-engineer exam pathway. The software engineering PE exam was first offered in 2013 and discontinued after 2019 because candidate numbers were too low.

Almost everywhere else, the approach has been to rely more on voluntary professional bodies, chartered status, competence frameworks, sector standards, procurement rules, data protection, cyber regulation, product regulation, and critical-infrastructure obligations. In many of these contexts and jurisdictions, industry associations take the lead.

  1. It can get absurd pretty quickly

Meanwhile, AI has thrown a wrench into the whole wheel of what “IT work” even means today. m

In the pre-AI world, one might imagine a recognisable “software developer” writing code manually. In the AI world, a founder describes an app to a model, a non-technical employee uses AI to build an internal workflow, a designer generates front-end code, a business analyst deploys automations, and a cloud platform assembles infrastructure through templates. Who is the “ICT professional” here? The geography graduate with a few hours on reddit and stackoverflow under her belt typing out prompts? The AI tool vendor? The person who clicks deploy? The person who reviews the code? The company using the system?

A licensing regime based on “professional identity” will clash with AI-generated work because AI diffuses technical production across the entire economy. The more powerful AI gets, the less realistic it becomes to require every producer of digital functionality to hold a state-issued ICT license. Once again, if the Ministry had engaged beyond their small clique, everyone would have told them.

  1. Hardware, networking and informality

On the physical device and network level, the absurdity start to get out of hand.

Ghana’s ICT economy is not made up of just software startups. It includes laptop repairers, phone technicians, CCTV installers, router vendors, fibre/cabling contractors, school computer-lab maintainers, POS support agents, small network installers, market traders selling peripherals, informal refurbished-device dealers, cybercafé operators, church/media livestream technicians, and thousands of small businesses that keep digital life functioning. All these people are using ICT and making a living in the ICT-enabled economy.

If enforced aggressively, the scheme could:

raise the cost of basic repairs and installations;
push informal technicians further underground;
create opportunities for inspectors and middlemen to extract bribes;
make small businesses operate through “certified” fronts;
reduce access to affordable hardware support in rural and low-income areas;
increase e-waste if repair markets are chilled;
make public-sector maintenance more expensive by reducing the pool of eligible providers.
It is a whole mess, and must be reined in before it transmutes from panic to catastrophe.

  1. And the MESS doesn’t end there

The citizen-only ownership clause is potentially devastating. A Ghanaian startup with foreign VC, non-citizen co-founders, regional holding structures, offshore investors, or employee stock held by non-citizens may struggle if licensed ICT activity requires wholly citizen ownership. This may be more economically explosive than the “IT professionals” headline.

NITA, the Cyber Security Authority, Data Protection Commission, National Communications Authority, Bank of Ghana, Ghana Standards Authority, Public Procurement Authority, GIPC, Engineering Council, and sector regulators may all touch the same digital product. A fintech, for example, could face payment regulation, data protection registration, cybersecurity obligations, NITA licensing, cloud/data-centre requirements, and public procurement rules. The cost of doing business is already too high. Don’t make it worse!

The Bill includes criminal offences, administrative penalties, licence suspension, business prohibition, closure, seizure, and penalties for negligent cybersecurity breaches or false certification claims. Some of that is justified for critical misconduct, but excessive criminalisation can chill innovation and incident reporting.

Now imagine:

A small NGO building a data-collection app could be treated as developing/providing an ICT product.

A small periurban school near Techiman appointing a self-taught but competent ICT teacher or network administrator could run into the Section 46 certification requirement if “ICT professional” is read broadly.

A startup adding cloud hosting, AI features, or platform functionality might need to ask whether it has changed the “nature” of its ICT business and needs approval.

A Ghanaian founder could be treated less favourably after raising foreign investment than before raising it.

An AI-assisted non-programmer could produce useful code, while a formally certified but incompetent person is legally privileged.

Even worse:

The merger/alteration approval clause is dangerous because it turns ordinary corporate switches into a whole regulatory fanfare. Startup pivots, acquisitions, restructurings and investment rounds depend on speed and certainty.

More licensing layers are likely to lead to slower product launches, especially in already tough fields like fintech. Think also about the higher legal costs, and more uncertainty for firms already dealing with Bank of Ghana, data protection, cybersecurity and AML obligations.

Paradoxically, overregulation can weaken cybersecurity. Small operators may avoid registration, breach reporting, or formal contracts because contact with the regulator feels dangerous.

Conversely, employers may over-apply the law and require NITA certification for analysts, IT support, product managers, data officers, website administrators, and junior developers, even where the legal risk is unclear.

Moreover, Ghana participates in regional and continental liberalisation frameworks, including ECOWAS free movement/establishment principles and AfCFTA services liberalisation. A broad citizen-only ICT licensing scheme may create avoidable trade and investment friction, even if Ghana retains policy space to regulate for legitimate objectives.

It is true that the Bill creates an appeals tribunal, but the tribunal is appointed through ministerial processes and funded through the NITA’s funds. Appeals to the Court of Appeal, on the other hand, are limited to points of law. That may be insufficient for a regime with such heavy commercial consequences.

  1. A better law might look something like this

The Bill should be rewritten around regulated activities, not “IT professionals.”

The following quick fixes would be a good start:

  • Replace the broad Section 35 ban with a schedule of licensable high-risk ICT activities: public & sensitive commercial digital infrastructure, critical data centres, public cloud for government/critical sectors, critical SaaS for public services, cybersecurity-sensitive operations, and national platform operators.
  • Rewrite Section 46 so certification applies only to defined risk roles: public-sector chief information/security officers, critical infrastructure administrators, certified ICT auditors, digital identity administrators, public procurement sign-off professionals, and cybersecurity-sensitive roles. For everyone else, use voluntary certification or title protection.
  • Add exemptions for employees doing internal work, students, hobbyists, open-source contributors, micro repairers, ordinary retail sales, internal IT departments, low-risk website/app development, and small businesses below clear thresholds.
  • Remove or radically narrow the citizen-only ownership rule. Use public-procurement preferences, local-capacity requirements, security vetting for sensitive contracts, and Ghanaian participation incentives instead of a blanket nationality-based ownership restriction.
  • Limit transaction approvals to changes of control of high-risk licensees. Do not require approval for ordinary pivots, product changes, share issuances, acquisitions outside sensitive categories, or internal restructuring.
  • Create a lead-regulator rule. If the CSA, DPC, NCA, Bank of Ghana or another regulator already licenses the core risk, NITA should coordinate through memoranda and joint standards, rather than duplicating permissions.
  • Hardwire the due process in. The Bill should require that there should be published criteria, fee caps, timelines, deemed approvals where appropriate, written reasons, appeal stays except in emergencies, warrant requirements for seizure except imminent-risk cases, and compensation for wrongful closure.
  • Build an AI-specific assurance layer. Require secure development practices, AI-use documentation, human review for high-risk systems, logging, testing, model/data governance, incident reporting and audit trails. Avoid creating an “outmoded at birth” bill because of a failure to take AI into account.
  • Be sensitive to the informal economy. Ensure long transition periods, recognition of prior learning, apprenticeship routes, low-cost micro-certification, mobile registration, district-level support, and no criminal enforcement for low-risk actors during transition.
  • Require a regulatory impact assessment before commencement. The government should publish expected costs, affected occupations, SME effects, competition analysis, trade implications, institutional overlaps, enforcement budget, and anti-corruption safeguards.
  • Conclusion: the Ministry is off the bar but they can have another go
  • A careful NITA law could be one of Ghana’s most anti-katanomic and groundbreaking digital economy reforms. Especially if it focuses on fixing wasteful, opaque, and pooly thought through public ICT procurement.

But a careless version could become a massive burden on the heads of a struggling, still nascent, technology sector. The draft bill tilts more to the latter than the former.

The MOC should get off its high horse while there is still time, abandon the bill in its current form, return to the drawing board, and come back with something more aligned with modern realities.


Bright Simons is a Ghanaian technologist, social innovator, entrepreneur, writer, social and political commentator. He is the vice-president, in charge of research at IMANI Centre for Policy and Education. He is also the founder and president of mPedigree.

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