A law lecturer at the University of Ghana, Professor Kwadwo Appiagyei-Atua, says the Office of the Special Prosecutor (OSP) has legal grounds to challenge a recent High Court decision that questioned its prosecutorial authority.

The ruling, which has triggered renewed debate over the scope of the OSP’s mandate, held that the anti-corruption body lacks independent authority to prosecute criminal cases.

However, the OSP has announced plans to appeal the decision, as questions continue over the proper interpretation of prosecutorial powers under Ghana’s legal framework.

Speaking on JoyNews' The Pulse, Professor Appiagyei-Atua said there are clear legal pathways available to the OSP, including a possible appeal and reliance on a pending Supreme Court case.

He added that the Supreme Court process may ultimately be decisive in resolving the legal uncertainty surrounding the OSP’s mandate.

“Definitely, there are grounds for appealing to that decision. So I think one option is to refer the matter to the Supreme Court and then to wait for the Supreme Court decision that is already pending,” he stated.

Professor Appiagyei-Atua further noted that although the OSP was initially not permitted to join the Supreme Court proceedings, it may now have stronger grounds to seek participation.

He argued that, given the Attorney-General's position in the ongoing matter, the OSP may need to formally apply to join the case to defend its institutional mandate.

“But based on the fact that the Attorney-General seems to be on the same wavelength as the one bringing the case before the Supreme Court, I think there are good grounds for the OSP to now submit to be allowed to join the case and to defend itself because the AG doesn't seem to be doing so on the OSP's behalf,” he added.