The Deputy Chief Executive Officer (CEO) of the Accra Digital Centre, Adwoa Agyapomaa Ansong Esq., has argued that recent High Court ruling on the prosecutorial powers of the Office of the Special Prosecutor (OSP) is a matter of procedural law rather than a political conspiracy by the government.
Speaking on GHnzOne TV’s Morning Show, GHToday on Wednesday, April 22, 2026, Ansong said she has does not fathom why the Presidency or the National Democratic Congress (NDC) could be accused of orchestrating the legal challenge.
She continued that the High Court ruling was rather the result of a private citizen’s lawyer successfully identifying and utilizing a “loophole” in the law to defend their client.
The Legal practioner further clarified that the applicant, Mr. Peter Archibold Hyde, did not seek a constitutional interpretation at the High Court but rather filed for a quo warranto which she explained as a prerogative writ used to challenge the authority by which a person exercises a public office or power.
Lawyer Ansong continued that the under Article 141 of the Constitution, the High Court possesses supervisory jurisdiction, allowing it to issue remedies such as certiorari, mandamus, and quo warranto.
“This man went to question the authority with which the special prosecutor was prosecuting him…for this quo warranto to work…it must be proven that the respondent is exercising this power without lawful authority,” she said
She continued that the crux of the High Court’s decision rested on the OSP’s inability to provide a specific authorization form. She pointed out that while Section 4(2) of Act 959 (the OSP Act) provides the office with its mandate, it must be read alongside Article 88 of the Constitution, which vests all prosecutorial powers in the Attorney-General.
She maintained that the judge’s ruling was a direct consequence of the Special Prosecutor’s failure to present the necessary authorization from the Attorney-General when requested by the court.
“The judge in looking at the facts asks the Special Prosecutor, ‘bring your authorization form’… So if you are unable to provide this authorization, then I will have to grant quo warranto,” she explained.
Responding to the Minority Caucus’ allegations of a “conspiracy,” Ansong argued that any competent lawyer has a duty to exploit legal loopholes for their client’s benefit.
She questioned why the matter was being framed as a political attack when it originated from a private legal defense strategy.
“Are you saying you are going to let your client hang because of your political position? No,” she asserted.
“So the lawyer of Mr. Archibold Hyde saw a loophole in the law and took advantage of it.”
Source: Starrfm.com.gh
