An Accra High Court has ruled that the Office of the Special Prosecutor (OSP) does not have independent constitutional authority to prosecute criminal cases, directing that all matters initiated by the anti-corruption body be referred to the Attorney-General’s Department.
The ruling, delivered on Wednesday, has thrown ongoing OSP prosecutions into uncertainty, effectively placing several cases in abeyance pending further legal clarification.
Presiding judge, Justice John Eugene Nyadu Nyante, held that while the OSP is mandated to investigate corruption and corruption-related offences, it does not possess the constitutional power to independently initiate prosecutions.
The court grounded its decision in Article 88 of the 1992 Constitution, which vests prosecutorial authority solely in the Attorney-General, reinforcing the position that prosecution powers ultimately reside within that office.
The judgment followed a quo warranto application filed by Peter Achibold Hyde, who challenged the legal basis for the OSP’s exercise of prosecutorial powers.
In a swift response, the Office of the Special Prosecutor rejected the ruling, arguing that the High Court overstepped its jurisdiction.
In a statement issued shortly after the decision, the OSP said it had begun steps to challenge the ruling, insisting that only the Supreme Court has the authority to declare parts of an Act of Parliament unconstitutional.
“The OSP states that it is taking steps to quickly overturn the decision of the General Jurisdiction Court since the High Court does not have jurisdiction to, in effect, strike down parts of an Act of Parliament as unconstitutional. It is only the Supreme Court which can strike down parts of an Act of Parliament as unconstitutional,” the statement said.
The development has intensified debate over the scope of the OSP’s mandate and the legal framework governing corruption prosecutions in Ghana.
It also comes at a time when a separate constitutional case pending before the Supreme Court is directly challenging the legality of the OSP’s prosecutorial powers.
That case, filed by private citizen Noah Ephraem Tetteh Adamtey, asks the Supreme Court to determine whether Parliament acted constitutionally in granting the OSP independent authority to initiate prosecutions.
In a notable development, the Office of the Attorney-General has aligned with the applicant’s position, arguing that provisions allowing the OSP to prosecute without the Attorney-General’s approval may contravene Article 88 of the Constitution.
Legal analysts say the Supreme Court’s eventual ruling could have far-reaching consequences, potentially redefining the mandate of the OSP and reshaping how corruption-related prosecutions are handled in Ghana.
