An Accra High Court has ruled that the Office of the Special Prosecutor (OSP) does not have independent authority to prosecute criminal cases, directing that all matters initiated by the anti-corruption body be referred to the Attorney-General’s Department.

The decision, delivered on Wednesday, has created uncertainty over ongoing prosecutions handled by the OSP, placing them effectively in abeyance pending further legal direction.

Presiding judge, Justice John Eugene Nyadu Nyante, held that although the OSP is empowered to investigate corruption-related offences, it lacks the constitutional mandate to independently initiate prosecutions.

The court based its ruling on Article 88 of the 1992 Constitution, which vests prosecutorial authority in the Attorney-General.

The ruling followed an application for quo warranto filed by Peter Achibold Hyde, who challenged the legal authority of the OSP to undertake prosecutions.

In its immediate reaction, the OSP strongly criticised the decision, arguing that the High Court had exceeded its jurisdiction.

In a statement issued shortly after the ruling, the anti-graft body said it had begun steps to challenge the decision at the appropriate forum.

“The OSP states 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 OSP stated.

The development is expected to trigger significant legal debate over the scope of the OSP’s mandate and the broader framework for prosecuting corruption-related offences in Ghana.
Ongoing Supreme Court challenge deepens uncertainty.

The ruling also adds complexity to the continued operational authority of the OSP, as a separate constitutional case already pending before the Supreme Court of Ghana is challenging the legality of the office’s prosecutorial powers.

In that case, filed by private citizen Noah Ephraem Tetteh Adamtey, the court is being asked to determine whether Parliament acted constitutionally in granting independent prosecutorial authority to the OSP.

Significantly, the Office of the Attorney-General has aligned with the central argument of the plaintiff, indicating in its submissions that provisions allowing the OSP to initiate prosecutions without the Attorney-General’s authorisation may be unconstitutional under Article 88 of the Constitution.

Legal analysts say the outcome of the Supreme Court case could have far-reaching implications, potentially redefining the mandate of the OSP and shaping the future of anti-corruption prosecutions in Ghana.