By: Isaac Darko Boamah
An Accra High Court has held that the Office of the Special Prosecutor (OSP) does not have constitutional authority to initiate criminal prosecutions on its own, ordering that cases started by the anti-corruption agency be referred to the Attorney-General’s Department.
Delivering the ruling on Wednesday, Justice John Eugene Nyadu Nyante said the OSP’s remit extends to investigating corruption offences but that prosecutorial power, under Article 88 of the 1992 Constitution, resides with the Attorney-General. The decision has put prosecutions currently managed by the OSP in legal limbo, pending further direction.
The judgment followed a quo warranto application by Peter Achibold Hyde challenging the statutory power of the OSP to prosecute without recourse to the Attorney-General. In response, the OSP strongly criticised the High Court’s finding and said it intends to appeal, arguing that only the Supreme Court can declare portions 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 agency said in a statement.
The ruling arrives against the backdrop of a separate constitutional challenge already before the Supreme Court. Private citizen Noah Ephraem Tetteh Adamtey has asked the apex court to rule on whether Parliament acted within the Constitution when it granted the OSP independent prosecutorial powers. The Attorney-General’s Office has aligned with the question raised by that plaintiff, arguing in submissions that provisions allowing the OSP to prosecute without the Attorney-General’s authorisation may conflict with Article 88.
Legal observers say the Supreme Court’s eventual determination will be pivotal, with the potential to redefine the OSP’s role and reshape Ghana’s framework for prosecuting corruption-related offences.
