The Office of the Special Prosecutor (OSP) has filed two separate processes at the Courts to challenge the High Court’s orders stripping it of prosecutorial powers and hands over pending cases to Attorney-General.
The two applications- a Stay of Execution at the General Jurisdiction 10 (the same Court that made the orders) and a Notice of Appeal at the Court of Appeal against High Court order on April 15, 2026.
On Wednesday, April 15, 2026, the High Court in Accra presided over by Justice Eugene John Nyanteh Nyadu, in an application for Quo Warranto filed against the OSP by Peter Achibold Hyde, an accused person on trial by the OSP and declared as void and directed AG to take over all pending cases.
“Since by clause (3) of Article 8 of the Constitution the Attorney-General is responsible for the initiation and conduct of prosecution of all criminal offences in Ghana, I hereby order the Attorney-General to take over all prosecutions currently being handled by the respondent (Office of the Special Prosecutor) in the various courts pending the submission of its application to the Attorney-General for the grant of authorisation to its officers by way of an Executive Instrument to enable them prosecute criminal offences.
The Court said, “any convictions if any, secured by the respondent (OSP) as a result of the purported exercise of prosecutorial power is hereby declared void.”
“I order the trial of the persons convicted to be commenced de novo by the Attorney-General pending the respondent applying to the Attorney-General for its officers to be authorised to conduct criminal prosecutions and the issue of the necessary Executive Instrument in that regard.”
The Court said the application for Quo Warranto and “all reliefs sought are hereby granted,” and awarded a Cost of GH¢15,000.00 to the applicant against the respondent.
Following this ruling, all pending cases of the OSP at the Court have been adjourned due to the ruling.
Dissatisfied by the ruling, the OSP has taken steps to challenge it.
READ: High Court strips OSP of prosecutorial power, orders AG to take over all prosecutions
SML Scandal case
On Thursday, April 23, 2026, when the case of the Republic vs Ken Ofori-Atta and 7 others was called over the Strategic Mobilization Limited (SML) scandal, Adelaide Kobiri Woode, a Principal Prosecutor, sought for an adjournment pointing to two processes at the Court following recent developments.
“My lord respectfully between the last adjourned date and today, some court proceedings have gone on particularly in General Jurisdiction 10 and the Supreme Court concerning the prosecutorial powers of the OSP,” she said.
“We humbly invite the Court to take judicial notice of those proceedings,” she added.
“My lord, in view of the current circumstances, the Office has filed Notice of Appeal and Stay of Execution and suggest the return date for 21st May 2026.
“We have copies of those processes in court today,” and “We humbly pray that this matter be adjourned pending the determination of the application for Stay of Execution.”
The defence lawyers who had no objections to the request for adjournment except to say that the Court should take a longer adjournment.
Justice Francis Apangabonu Achibonga, a Justice of the Court of Appeal who is sitting as an additional High Court judge on this case
READ: High Court has no jurisdiction to strike down parts of an Act of Parliament – OSP
In light of the decision by General Jurisdiction 10 and the subsequent decision of the OSP to file notice of appeal and stay of proceedings, the case is hereby adjourned to the 26th of May at 9:30 pending the determination of the OSP’s application.
Background
Former Finance Minister, Ken Ofori-Atta together with seven others have been charged, for allegedly causing financial loss of more than GH¢1.4 billion in the Strategic Mobilisation Limited (SML) contract.
Six out of the seven – Emmanuel Kofi Nti and Ammishaddai Owusu-Amoah both former Commissioner-Generals of the GRA, Isaac Crentsil and Kwadwo Damoah — former Commissioners of the Customs Division of the GRA, Evans Adusei — the Chief Executive Officer (CEO) of SML, and SML itself have pleaded not guilty.
While Ken Ofori-Atta and his former aide Ernest Darko Akore are currently out of the jurisdiction and are awaiting service of criminal summons and the charge sheet.
Source: Starrfm.com.gh
