An attempt by the Editor-in-Chief of the Daily Searchlight Newspaper, Kenneth Kwabena Agyei Kuranchie, to have his liberty to restore a suit challenging the constitutionality of the Office of Special Prosecutor (OSP) has failed.
This was after a nine-member review panel of the Supreme Court, Chaired by Chief Justice, Gertrude Sackey Torkornoo, said his application did not meet the threshold for the Court to review its earlier directive.
Mr. Kuranchie wants the Supreme Court to declare the OSP as unconstitutional, but withdrew the application in July, this year, which was nine months after he filed the writ without a statement of case as required by the rules.
The Apex Court then struck it out as withdrawn, adding that, the Plaintiff had no liberty to apply.
“Writ is struck out without liberty to reapply,” the original Supreme Court panel of seven directed.
Dissatisfied with the decision of the apex court on July 17, the Plaintiff filed an application for the Supreme Court to review its earlier directive for him not to reapply.
In Court on Wednesday, December 11, 2024 while moving his motion for review, the Applicant said, the directive “without liberty to reapply” is unconstitutional.
He also argued that exceptional circumstance that leads to miscarriage of justice has occurred with that decision and same should be reversed.
Mercy Konadu Mari, a Senior State Attorney from the Office of the Attorney General, relied heavily on all the processes filed.
While, Adelaide Kobiri-Woode, a Principal Prosecutor for the Office of the Special Prosecutor said the process is an abuse of process and same should be dismissed.
The nine-member panel presided over by Chief Justice, Gertrude Sackey Torkornoo said after listening to the applicant in person and the AG and the OSP, the request did not meet the threshold for the apex court to review its earlier decision.
The application seeking a review was subsequently dismissed with the Court deferring its full reasons to December 20.
Other members of the Review panel are – Justice Gabriel Pwamang, Justice Amadu Omoro Tanku, Justice Prof. Mesna-Bonsu, Justice Emmanuel Yonni Kulendi, Justice Barbara Ackah-Yensu, Justice Ernest Gaewu, Justice Yaw Darko Asare and Justice Henry Anthony Kwofie.
Background
He was seeking the Supreme Court to declare the Special Prosecutor Act, 2017 (ACT 957) as contrary to “Articles 11, 17. (1)(2) and (3), 88. (3) and (4), 289.(2) 290. (1) (f)) and 290. (2) to (4), 12. (2) and 107 (b) of the 1992 Constitution.”
The Special Prosecutor Act is an act to establish the OSP as a specialized agency to investigate specific cases of alleged or suspected corruption and corruption-related offenses involving public officers and politically exposed persons in the performance of their functions as well as persons in the private sector involved in the commission of alleged or suspected corruption and corruption-related offenses, prosecute these offenses on the authority of the Attorney-General and provide for related matters.
Article 88 for instance states that “(1) There shall be an Attorney-General of Ghana who shall be a Minister of State and the Principal legal adviser to the government.
The Attorney-General shall discharge such other duties of a legal nature as may be referred or assigned to him by the president or imposed on him by this constitution or any other law.
The Attorney-General shall be responsible for the initiation of all prosecutions of criminal offences.”
Mr Kuranchie wants the Supreme Court to annul the law establishing the OSP.
