A High Court in Accra has directed the Attorney-General to take over all ongoing cases being handled by the Office of the Special Prosecutor (OSP) until the office is granted the legal backing to execute prosecutorial powers.
The ruling by the High Court follows legal questions surrounding the authority of the OSP to independently prosecute cases without explicit backing under the existing laws of Ghana.
During court proceedings on Wednesday, April 15, the High Court held that, in the absence of clear prosecutorial powers, the responsibility to handle such cases must revert to the Attorney General, who is constitutionally mandated to initiate and conduct criminal prosecutions on behalf of the state.
The decision by the High Court is expected to temporarily affect the operations of the OSP, particularly in its efforts to independently pursue corruption-related cases.
The Office of the Special Prosecutor was established to investigate and prosecute corruption and corruption-related offences, especially those involving public officials. However, the scope of its prosecutorial authority has been a subject of ongoing legal debate.
With this directive, all pending OSP cases will now be handled by the Attorney-General’s Department until the necessary legal framework is put in place to grant the office full autonomy in prosecution.
The presiding judge, John Nyante Nyadu, further awarded costs of GH₵15,000 against the OSP, underscoring the Court’s position on the matter and the procedural concerns raised in the case.
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