A High Court in Accra has ruled that the Office of the Special Prosecutor (OSP) does not have independent authority to prosecute criminal cases, directing that all matters initiated by the anti-corruption body be referred to the Attorney-General’s Department.
The decision, delivered on Wednesday, has thrown ongoing prosecutions into uncertainty, effectively placing them in abeyance until further legal direction is provided.
Presiding judge Justice John Eugene Nyadu Nyante held that while the OSP is empowered to investigate corruption-related offences, it lacks the constitutional mandate to independently initiate prosecutions. The ruling was anchored on Article 88 of Ghana’s 1992 Constitution, which vests prosecutorial authority solely in the Attorney-General.
The case was triggered by an application for quo warranto filed by private citizen Peter Achibold Hyde, who challenged the legal authority of the OSP to undertake prosecutions.
In its immediate response, the OSP strongly criticised the ruling, accusing the High Court of overstepping its jurisdiction. In a statement, the anti-graft body said it had begun steps to challenge the decision at the appropriate forum.
“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 read.
The ruling is expected to spark significant legal debate over the scope of the OSP’s mandate and the broader framework for prosecuting corruption-related offences in Ghana.
The High Court’s decision comes against the backdrop of a separate constitutional case already pending before the Supreme Court of Ghana, which challenges the legality of the OSP’s prosecutorial powers.
That case, filed by private citizen Noah Ephraem Tetteh Adamtey, asks the apex court to determine whether Parliament acted constitutionally in granting the OSP independent prosecutorial authority.
Significantly, the Office of the Attorney-General has aligned with the central argument of the plaintiff, indicating in its submissions that provisions allowing the OSP to initiate prosecutions without the Attorney-General’s authorisation may be unconstitutional under Article 88.
Legal analysts suggest the outcome of the Supreme Court case could have far-reaching implications, potentially redefining the mandate of the OSP and shaping the future of anti-corruption prosecutions in Ghana.
