The High Court in Accra has ruled that the Office of the Special Prosecutor (OSP) lacks the authority to independently prosecute criminal cases, directing that all such cases be handed over to the Office of the Attorney General (AG).
In its decision, the court held that although the OSP is empowered to investigate corruption-related offences, it must obtain authorisation from the Attorney General before initiating prosecutions, in line with Article 88(4) of the 1992 Constitution.
Presiding judge, Justice John Eugene Nyadu Nyante, delivered the ruling after hearing a legal challenge against the prosecutorial mandate of the OSP.
The court also awarded costs of GH¢15,000 against the OSP.
The judgment stems from the case titled GJ/0369/2026: The Republic vs.The Office of the Special Prosecutor (on the application of Peter Archibold Hyde).
The ruling effectively means that, unless the OSP secures the required approval from the Attorney General, it cannot proceed with prosecuting cases currently before the courts.
In response, the OSP has indicated that it is taking immediate steps to challenge the decision.
In a statement, the office noted that proceedings related to the matter are still ongoing at the High Court’s Criminal Division, while a separate but similar case is also being heard at the General Jurisdiction 10 division, resulting in conflicting judicial interpretations.
The OSP further argued that it is contesting the ruling on legal grounds, maintaining that the High Court does not have the authority to invalidate provisions of an Act of Parliament on constitutional grounds.
By 1960news.com
