The Supreme Court has adjourned indefinitely an action filed by the Office of the Special Prosecutor (OSP) to quash the ruling of the High Court that stripped it of its prosecutorial powers.
The ruling, delivered on April 15, 2026, by the High Court presided over by Justice John Eugene Nyante Nyadu, followed an application for quo warranto by Emmanuel Achibod Hyde, an accused person in an ongoing criminal trial.
The Court ordered the Attorney General to take over all cases pending at the various courts that were being handled by the OSP.
The Court also declared that convictions secured by the OSP were void since it had not obtained authorization from the Attorney General.
It further directed the OSP to seek the Attorney General’s authorization to prosecute cases as required by Article 88 of the 1992 Constitution.
“Since by clause (3) of Article 88 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 authorization to its officers by way of an Executive Instrument to enable them to prosecute criminal offences,” the Court stated.
“Consequently, any convictions, if any, secured by the respondent as a result of the purported exercise of prosecutorial power are hereby declared void, and 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 authorized to conduct criminal prosecutions and the issue of the necessary Executive Instrument in that regard.
“The application is granted, and all reliefs sought are hereby granted. Costs of GH₵15,000.00 are awarded to the applicant against the respondent,” the Court ordered.
Dissatisfied with the ruling, the OSP filed a Stay of Execution at the High Court (which has been adjourned to June) and a Certiorari application at the Supreme Court.
On Tuesday, May 26, 2026, a five-member panel of the Apex Court chaired by Justice Gabriel Pwamang adjourned the Certiorari application indefinitely (sine die).
This was because the processes filed by the OSP, represented by Dr. Isidore Tufuor, Director of Prosecutions at the OSP, had not been served on the interested parties.
“Unfortunately, your application could not be served,” Justice Pwamang, the presiding judge said.
Dr. Tufuor, said, “We will assist the registry,” to have it served, saying “In the circumstances, the court may adjourn indefinitely.”
Other members of the panel were Justices Samuel Asiedu, Richard Adjei-Frimpong, Janapare Bartels Kudzo, and Hafisata Amaleboba.
The ruling has affected cases involving former NPA boss Mustapha Hamid, former Finance Minister Ken Ofori-Atta, Charles Bissue and others.
Source: Starrfm.com.gh
