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Private legal practitioner Samson Lardy Anyenini has clarified that the Supreme Court's unanimous dismissal of the constitutional challenge to the Office of the Special Prosecutor's (OSP) prosecutorial powers does not invalidate any of the anti-graft body's past actions or court proceedings.
Speaking with journalists after the ruling on Wednesday, July 29, Mr. Anyenini stressed that the judgment preserves the legality of the OSP's previous work and should not be interpreted as nullifying investigations, prosecutions or court decisions undertaken by the office.
"So nothing the OSP has done so far is invalidated. I hope you understand that. Nothing has been invalidated.
"Any decision of any court… faulting the OSP and its processes, all do not matter anymore," he stated.
According to Mr. Anyenini, the unanimous ruling settles the legal uncertainty surrounding the OSP's prosecutorial mandate by affirming that, under Ghana's constitutional framework, the Attorney General retains the exclusive authority to prosecute criminal offences, while the OSP may exercise prosecutorial powers with the necessary authorisation.
The ruling is expected to clear the way for the OSP to proceed with several high-profile corruption cases while reinforcing calls for constitutional reforms that would grant the anti-corruption agency greater prosecutorial independence.
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