An Accra High Court has ruled that the Office of the Special Prosecutor (OSP) does not possess independent authority to prosecute criminal cases, directing that all such matters be referred to the Attorney-General’s Department. The decision marks a significant development in Ghana’s legal and anti-corruption landscape, raising questions about the operational scope of the OSP.
The ruling, delivered on Wednesday, has created immediate uncertainty around ongoing prosecutions being handled by the OSP. Several cases may now be paused or delayed, as they await further legal direction or possible reassignment through the Attorney-General’s office.
Presiding judge, Justice John Eugene Nyadu Nyante, held that while the OSP has clear authority to investigate corruption and corruption-related offences, it does not have the constitutional mandate to independently initiate prosecutions. According to the court, this responsibility is exclusively reserved for the Attorney-General under 1992 Constitution of Ghana, which vests prosecutorial powers in that office.
The court’s decision followed an application for quo warranto filed by Peter Achibold Hyde, who challenged the legal basis upon which the OSP has been undertaking prosecutions. The application questioned whether the anti-corruption body had been acting within its lawful mandate.
In its immediate response, the OSP strongly criticised the ruling, arguing that the High Court had exceeded its jurisdiction. In a statement issued shortly after the judgment, the office indicated that it had begun taking steps to challenge the decision at the appropriate legal 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 OSP stated.
The development is expected to spark significant legal debate over the scope of the OSP’s mandate and the broader constitutional framework governing the prosecution of corruption-related offences in Ghana. Legal experts note that the ruling touches on fundamental questions about the separation of powers and the interpretation of prosecutorial authority under the Constitution.
The situation is further complicated by an ongoing case before the Supreme Court of Ghana, which is already examining the legality of the OSP’s prosecutorial powers. This parallel legal challenge adds another layer of uncertainty to the issue.
In that case, filed by private citizen Noah Ephraem Tetteh Adamtey, the court is being asked to determine whether Parliament acted within constitutional bounds when it granted the OSP the power to independently prosecute corruption-related offences.
Notably, the Office of the Attorney-General has aligned itself with the central argument of the plaintiff. In its submissions, the office indicated that provisions allowing the OSP to initiate prosecutions without the Attorney-General’s authorisation may be inconsistent with Article 88 of the Constitution.
Legal analysts suggest that the eventual ruling by the Supreme Court could have far-reaching implications. It may redefine the mandate of the OSP, clarify the limits of prosecutorial authority in Ghana, and shape the future direction of anti-corruption enforcement in the country.
