The Office of the Special Prosecutor (OSP) has stated that it was initiating urgent legal action to contest and reverse a High Court ruling in Accra that directed the Attorney-General’s Department to take over all criminal cases currently being pursued by the office.
The order, delivered on April 15, by Justice John Nyante Nyadu, has triggered legal discussion on the scope of the OSP’s prosecutorial mandate.
The Court also imposed costs of GH₵15,000 against the OSP alongside the directive to transfer control of prosecutions.
In a statement issued shortly after the decision, the OSP voiced strong objection to the ruling, arguing that the High Court went beyond its powers.The anti-graft agency said it is actively seeking legal options to get the judgment set aside without delay.
The OSP indicated that it is:“taking steps to quickly overturn the decision of the General Jurisdiction Court since the High Court does not have jurisdiction to, in effect, strike down parts of an Act of Parliament as unconstitutional.
It is only the Supreme Court which can strike down parts of an Act of Parliament as unconstitutional.”
The office further reassured the public that, notwithstanding the ruling, its current and planned prosecutions remain lawful.“
The OSP firmly assures the public that all the criminal prosecutions it has commenced before the courts and all the criminal prosecutions it is about to commence before the courts remain valid and would proceed based on its mandate under the Office of the Special Prosecutor Act, 2017 (Act 959), which remains valid and in force as the matter has not been decided by the Supreme Court.”
