The Attorney General has filed a motion seeking leave from the Supreme Court to file a defense out of time in a case challenging the constitutionality of the Office of the Special Prosecutor (OSP) Act.
In a proposed draft statement of defense, the AG is arguing that the prosecutorial powers of the Republic vest solely in the Attorney General, citing Article 88(3) and (4) of the Constitution.
The AG contends that the use of “all” in the Constitution leaves no doubt that no prosecutorial power is left for another person to exercise, and that the OSP Act is therefore unconstitutional.
The AG’s proposed defense further stated that the Constitution grants the AG monopoly over the power to initiate, conduct, and control prosecution of all criminal offenses.
The motion for leave was filed after the AG was served with the plaintiff’s statement of case on December 9, 2026.
The A-G contended that unavoidable administrative procedures and internal consultations made it impracticable to respond timeously.
The draft statement of defense is attached to the motion, and the AG is seeking the court’s discretion to grant leave to file it out of time.
The motion is scheduled to be heard on April 16.
Source: Starrfm.com.gh
