An Accra High Court has ruled that the Office of the Special Prosecutor (OSP) does not have the authority to independently prosecute criminal cases, directing that all such matters be referred to the Attorney-General’s Department.
The decision, delivered on Wednesday by Justice John Eugene Nyadu Nyante, has cast uncertainty over ongoing prosecutions initiated by the anti-corruption body. These cases are now effectively on hold pending further legal direction.
In his ruling, Justice Nyante held that while the OSP has the mandate to investigate corruption-related offences, it lacks the constitutional authority to initiate prosecutions. He based this determination on 1992 Constitution of Ghana, which vests prosecutorial powers exclusively in the Attorney-General.
The case arose from a quo warranto application filed by Peter Achibold Hyde, who challenged the legal basis of the OSP’s prosecutorial role.
OSP Pushes Back
In an immediate response, the OSP strongly criticised the ruling, arguing that the High Court had overstepped its jurisdiction. In a statement, the office said it had begun steps to challenge the decision at the appropriate legal forum.
According to the OSP, only the Supreme Court of Ghana has the authority to declare provisions of an Act of Parliament unconstitutional, not a High Court.
Supreme Court Case Adds Pressure
The ruling comes amid a separate constitutional challenge already pending before the Supreme Court, further complicating the legal landscape surrounding the OSP’s mandate.
The case, filed by Noah Ephraem Tetteh Adamtey, questions whether Parliament acted within the Constitution when it granted the OSP independent prosecutorial powers.
Notably, the Attorney-General’s office has aligned with the core argument of the plaintiff, indicating that provisions allowing the OSP to prosecute without its authorisation may be inconsistent with Article 88.
Broader Implications
Legal analysts say the combined effect of the High Court ruling and the pending Supreme Court case could significantly reshape the role of the OSP and the broader framework for prosecuting corruption-related offences in Ghana.
The outcome is expected to influence not only ongoing cases but also the future independence and effectiveness of anti-corruption efforts in the country.
Story By: Eric Boateng
