The Office of the Special Prosecutor (OSP) has announced that the Accra High Court has dismissed its application for a stay of execution of a ruling that prevents the anti-corruption body from independently prosecuting criminal cases.
In a statement shared on its Facebook page on Monday, June 15, the OSP disclosed that the High Court (General Jurisdiction 10), presided over by Justice Eugene John Nyante Nyadu, declined to suspend the enforcement of the earlier decision pending further legal proceedings.
The OSP indicated that it would immediately renew its application for a stay of execution before the Court of Appeal. It also revealed that separate substantive legal challenges against the ruling have already been filed at both the Court of Appeal and the Supreme Court.
High Court Questions OSP’s Prosecutorial Authority
The dispute stems from a recent High Court ruling directing that all criminal cases initiated by the OSP be transferred to the Attorney-General’s Department.
Justice Nyadu held that while the OSP possesses the statutory authority to investigate corruption and corruption-related offences, it does not have the constitutional mandate to independently prosecute criminal matters.
The court relied on Article 88 of Ghana’s 1992 Constitution, which vests prosecutorial authority in the Attorney-General.
Case Originated from Quo Warranto Action
The ruling followed a quo warranto application filed by private citizen Peter Achibold Hyde, who challenged the legal basis upon which the OSP has been conducting prosecutions.
In response, the anti-graft agency strongly disagreed with the court’s interpretation, arguing that the High Court exceeded its jurisdiction in reaching the decision.
According to the OSP, only the Supreme Court has the constitutional authority to declare provisions of an Act of Parliament unconstitutional. The Office has therefore pledged to pursue all available legal remedies to overturn the ruling and clarify its prosecutorial mandate.
The outcome of the appeals is expected to have significant implications for the future role and powers of the OSP in Ghana’s anti-corruption framework.
