The High Court in Accra has ordered the Office of the Attorney General (AG) to take over all criminal prosecutions in the various courts that are being handled by the Office of the Special Prosecutor (OSP) after declaring its prosecutions as void.
The Court said, the OSP though has an investigative powers, it can only prosecute such outcomes in court the permission or authorisation from the AG as per article 88(4) of the 1992 Constitution.
Justice John Eugene Nyadu Nyante made these orders following an action challenging the prosecutorial powers of the OSP, which was granted with costs of GH¢15,000 slapped against the OSP.
The court’s ruling was based on the case titled GJ/0369/2026: The Republic vs The Office of the Special Prosecutor (on the Application of Peter Archibold Hyde).
EIB Network’s Legal Affairs Correspondent, Murtala Inusah is reporting that, the orders of the Court means that, until the OSP secures the AG’s prosecutorial powers, it cannot prosecute cases.
Meanwhile, the Office of the Special Prosecutor (OSP) has issued a statement revealing that it is taking immediate steps to overturn the High Court’s decision.
According to the OSP, proceedings in the case are currently ongoing before the High Court (Criminal Division), while a parallel action has also been initiated before the High Court (General Jurisdiction 10), resulting in differing judicial positions on the same matter.
READ: Power of OSP to prosecute without AG’s authorization unconstitutional – AG files proposed arguments
The Office maintained that the decision is being challenged on legal grounds, insisting that the High Court does not have the jurisdiction to strike down provisions of an Act of Parliament as unconstitutional.
Source: Starrfm.com.gh
