Audio By Carbonatix
Former Member of Parliament for Dormaa East, Paul A. Twum-Barimah, has defended the High Court ruling that restricts the Office of the Special Prosecutor (OSP) from independently prosecuting cases, insisting that the decision is firmly grounded in constitutional law rather than judicial error.
According to him, Article 88 of the 1992 Constitution clearly vests prosecutorial authority in the Attorney-General, meaning that any other institution, including the OSP, can only initiate prosecutions with proper authorisation.
He further pointed to Article 130, which places final interpretative authority on constitutional matters in the Supreme Court.
He also cited Article 1(2) of the Constitution, stressing its supremacy clause: “The Constitution shall be the supreme law of Ghana and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void.” He argued that this makes any conflicting provisions in the OSP Act legally subordinate to the Constitution.
Mr Twum-Barimah noted that while the Office of the Special Prosecutor Act, 2017 (Act 959) was designed to strengthen the fight against corruption by insulating prosecutions from political influence, it cannot override constitutional provisions.
He cautioned that interpreting the law otherwise risks undermining constitutional order rather than strengthening anti-corruption efforts.
He further urged that the matter be conclusively determined by the Supreme Court to resolve emerging inconsistencies in judicial interpretations, warning that continued uncertainty could affect ongoing and past corruption cases.
“The High Court simply applied the law as it is,” he implied, adding that the Supreme Court must now provide final clarity to prevent institutional conflict and safeguard legal certainty.
Latest Stories
-
Medical Laboratory Governance Beyond Rhetoric: Who should control Diagnostic Services in Ghana?
6 minutes -
Former NDC Branch Chairman covers nomination fees for Klottey Korle Executives
8 minutes -
Two BECE candidates involved in a motor accident in Nkwanta South
8 minutes -
Linda Ocloo did not intend disrespect – Ga Traditional Council calls for forgiveness
11 minutes -
The Ghanaian customer is finally speaking up – that is a win
12 minutes -
NIA workers to strike May 13 over 22-month delay in salary migration approvals
18 minutes -
Tell them you are causing the delays – Judge clashes with Wontumi’s lawyers in court
24 minutes -
I’m Ghanaian at home – UK-based musician Denny opens up on identity, music and life in London
25 minutes -
19-year-old SHS graduate, two others die in suspected generator fume incident at Ablekuma
34 minutes -
Before Mother’s Day: Adults confess childhood secrets they kept from mum
41 minutes -
Road accidents and injuries draining Ghana’s economy says Ambulance Service CEO
44 minutes -
2026 Milo Champions League Finals: Nkawkaw Salvation Army crowned champions
46 minutes -
Veep Opoku-Agyemang calls for health sector overhaul as she pushes training reform
46 minutes -
China sentences former defence ministers to death with reprieve
47 minutes -
Emma Wenani named among Ascent Top 100 Career Women in Africa 2026
51 minutes