AG’s department to assume control of OSP cases — Deputy Attorney-General

The Deputy Attorney-General and Minister for Justice, Justice Srem Sai, says the Office of the Attorney-General’s Department will take steps to assume control of cases currently being prosecuted by the Office of the Special Prosecutor (OSP) in compliance with a High Court order. The move marks a significant development in Ghana’s legal and anti-corruption landscape, with potential implications for ongoing prosecutions.

The directive follows a legal challenge by an accused person, Peter Archiblod Hyde, who questioned the authority of the OSP to prosecute without prior authorisation from the Attorney-General. The case has sparked widespread legal debate over the interpretation of prosecutorial powers under Ghana’s constitutional framework.

His legal team argued that both the Constitution and the OSP Act require such authorisation before prosecutions can proceed. This argument centres on the interpretation of prosecutorial authority under Article 88 of the 1992 Constitution, which traditionally vests such powers in the Attorney-General.

According to the Deputy AG, court records indicate that the OSP was unable to demonstrate that it had obtained the necessary authorisation, leading the High Court to order that all such cases be handled by the Attorney-General until the issue is addressed. Legal analysts suggest that this development could temporarily halt or delay several ongoing corruption-related cases.

Dr Srem Sai emphasised that the Attorney-General has no intention of disregarding the court’s decision, noting that the office remains committed to upholding the rule of law and respecting judicial authority. He stressed that compliance with court orders is essential for maintaining confidence in the justice system.

“Accordingly, the Office of the Attorney-General will, in the coming days, begin to take the necessary steps to give effect to the Court’s order,” he stated, indicating that processes will soon commence to ensure a smooth transition of the affected cases.

The development has intensified discussions around the independence and operational scope of the OSP, with some stakeholders calling for clearer legal frameworks or possible legislative amendments to avoid future jurisdictional conflicts. Others warn that prolonged uncertainty could affect the momentum of Ghana’s anti-corruption efforts.