An Accra High Court has decided that the Office of the Special Prosecutor (OSP) lacks the legal power to prosecute criminal cases on its own, and has ordered that any cases started by the anti-corruption body be handed over to the Attorney-General’s Department.
The Wednesday ruling has cast doubt on the status of ongoing OSP prosecutions, leaving them in legal limbo until further guidance is provided.
Presiding Judge John Eugene Nyadu Nyante stated that while the OSP has the authority to investigate corruption-related matters, it does not have the constitutional power to independently carry out prosecutions. The judgment cites Article 88 of the 1992 Constitution, which grants prosecutorial authority exclusively to the Attorney-General.
The ruling came in response to a quo warranto application filed by Peter Achibold Hyde, who questioned the OSP’s legal right to conduct prosecutions.
In a swift reaction, the OSP condemned the decision, claiming the High Court overstepped its legal boundaries. The agency issued a statement saying it has already taken steps to appeal the ruling in the proper judicial forum.
“The OSP states that it is moving quickly to reverse the decision of the General Jurisdiction Court, as the High Court lacks the authority to effectively nullify parts of an Act of Parliament. Only the Supreme Court holds that power,” the OSP said.
This ruling is likely to spark substantial legal debate regarding the limits of the OSP’s powers and the overall legal framework for prosecuting corruption-related cases in Ghana. Adding to the uncertainty is a separate ongoing challenge before the Supreme Court.
The High Court’s decision further complicates the OSP’s continued operational authority, as another constitutional case already pending before Ghana’s Supreme Court is questioning the legality of the office’s prosecutorial powers.
That case, brought by a private citizen named Noah Ephraem Tetteh Adamtey, asks the Supreme Court to determine whether Parliament acted within constitutional bounds when it granted independent prosecutorial authority to the OSP.
Notably, the Office of the Attorney-General has sided with the plaintiff’s central argument, indicating in its legal submissions that provisions allowing the OSP to pursue prosecutions without the Attorney-General’s consent may violate Article 88 of the Constitution.
Legal analysts believe the Supreme Court’s eventual ruling could have far-reaching consequences, potentially redefining the OSP’s mandate and influencing the future direction of anti-corruption prosecutions in Ghana.
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