High Court Rules OSP Must Secure Attorney-General Approval for All Prosecutions
Court says Special Prosecutor cannot prosecute independently and orders takeover of ongoing cases by Attorney-General
- OSP must get Attorney-General approval to prosecute cases.
- Court says current OSP prosecutions are invalid without authorisation.
- Attorney-General ordered to take over all ongoing OSP cases.
The High Court in Accra has ruled that the Office of the Special Prosecutor (OSP) cannot initiate or conduct criminal prosecutions without prior authorisation from the Attorney-General.
In a judgment delivered by Justice John Eugene Nyadu Nyante, the court held that any ongoing or future prosecutions being undertaken by the OSP are legally ineffective unless they have been approved by the Attorney-General. The ruling effectively limits the OSP’s prosecutorial independence.
The court noted that while the Office of the Special Prosecutor is empowered to investigate corruption and corruption-related offences, it does not have full constitutional authority to prosecute cases on its own. Citing Article 88(4) of Ghana’s 1992 Constitution, the judge stated that prosecutorial powers must ultimately be exercised under the authority or consent of the Attorney-General.
As part of the decision, the court ordered the Attorney-General’s office to immediately assume control of all ongoing criminal cases currently being handled by the OSP across various courts in Ghana.
The case arose from a legal challenge questioning the scope of the OSP’s prosecutorial mandate. The court also imposed costs of GH¢15,000 against the Special Prosecutor’s office.
The ruling means the OSP will be unable to prosecute cases in court unless and until it obtains formal authorisation from the Attorney-General’s Office.
Justice Nyante’s decision is expected to have significant implications for the operations of the Office of the Special Prosecutor, particularly in its ongoing anti-corruption prosecutions.
