The High Court in Accra has delivered a landmark ruling directing the Office of the Attorney General to assume control of all ongoing criminal prosecutions initiated by the Office of the Special Prosecutor (OSP), declaring the latter’s prosecutorial actions void.
Presiding judge, Justice John Eugene Nyadu Nyante, ruled that although the OSP maintains the authority to investigate corruption-related offences, it lacks the constitutional mandate to independently prosecute such cases without explicit authorization from the Attorney General.
The decision follows a legal challenge that questioned the prosecutorial powers of the OSP under 1992 Constitution of Ghana. In his judgment, Justice Nyante referenced Article 88(4) of the Constitution, which vests the power to initiate and conduct criminal prosecutions solely in the Attorney General, unless that authority is formally delegated.
As part of the ruling, the court awarded costs of GH¢15,000 against the OSP, further underscoring the weight of the decision.
The judgment effectively brings all ongoing prosecutions by the OSP to a halt, pending the acquisition of proper authorization from the Attorney General’s office. This development raises significant questions about the future of high-profile corruption cases previously being pursued by the anti-graft body.
Legal analysts say the ruling could reshape the operational scope of the OSP, reinforcing the central role of the Attorney General in Ghana’s criminal justice system while potentially slowing the pace of corruption-related prosecutions.
The Office of the Special Prosecutor is yet to publicly respond to the ruling, but the decision is expected to trigger intense legal and public debate over the independence and effectiveness of anti-corruption institutions in Ghana.
