A law lecturer at the University of Ghana, Professor Kwadwo Appiagyei-Tuah, has described the decision by the High Court to strip the Office of the Special Prosecutor (OSP) of its prosecutorial powers as unfortunate.
This follows a ruling by the court directing the Office of the Attorney-General to take over all criminal prosecutions being handled by the OSP.
According to the court, although the OSP has investigative powers, it can only prosecute with the express permission or authorization of the Attorney-General, in accordance with Article 88(4) of the 1992 Constitution.
In its ruling, Justice John Eugene Nyadu Nyante also imposed costs of GH¢15,000 on the OSP.
Reacting to the development on Starr Today Professor Appiagyei-Tuah questioned the basis of the decision, arguing that the directive will not stand.
“It is a very sad day for the fight against corruption. It is unfortunate that the High Court, an institution expected to support this fight, is instead placing impediments in the way of one of the most credible bodies we have to combat corruption. This decision is deeply regrettable.” He said, adding that he isn’t convinced that this ruling will stand, as the court appears to have encroached on the functions of the Supreme Court.
Prof Appiagyei-Tuah further stated, “Another High Court previously took the appropriate step by referring a similar matter to the Supreme Court for interpretation. In this instance, the court could have exercised similar restraint; either by staying proceedings or referring the issue to the Supreme Court, especially if there were slight differences in the facts, so the cases could be consolidated for a definitive interpretation.”
In his view, “by assuming that role, the court arrived at the wrong decision, and this is evident on the face of the record. While this is a setback for the anti-corruption fight, I believe the decision will ultimately not hold.”
According to him, it is encouraging that the Office of the Special Prosecutor has clearly stated its position, and that other activists and legal scholars have expressed similar concerns. Ultimately, “clarity will come when the Supreme Court provides its interpretation, which will guide the way forward.”
He however noted that the “Attorney-General’s office appears to be aligned with the applicants in this case, which adds another layer of complexity to the situation.”
Source: Starrfm.com.gh/Benjamin Sackey
