Former Director of the Ghana School of Law, Kwaku Ansa-Asare, has backed a recent ruling by the Accra High Court that the Office of the Special Prosecutor (OSP) lacks independent authority to prosecute criminal cases.

Speaking on JoyNews’ The Pulse, he said the decision aligns with the provisions of the 1992 Constitution of Ghana, which vests prosecutorial power solely in the Attorney-General.

“I am not surprised at all. The truth of the matter is that under the 1992 Constitution, prosecutorial power resides in the Attorney General and no other body or entity,” he stated.

His comments follow a ruling delivered on Wednesday by Justice John Eugene Nyadu Nyante, who held that although the OSP is empowered to investigate corruption-related offences, it lacks the constitutional mandate to independently initiate prosecutions.

The court further directed that all cases initiated by the OSP be referred to the Attorney-General’s Department. The decision has created uncertainty around ongoing cases handled by the anti-corruption body, effectively placing them in abeyance pending further legal direction.

Mr Ansa-Asare argued that bodies such as the police and other investigative institutions are merely agents of the state and cannot exercise prosecutorial powers independent of the Attorney-General.

He emphasised that the Office of the Attorney-General derives its authority from Article 88 of the Constitution, making it the ultimate body with the power to prosecute.

“It is the Attorney General in whom resides the authority to prosecute. It doesn’t reside in the Office of the Special Prosecutor,” he stressed.

While acknowledging the role of the OSP in tackling corruption, he noted that any prosecutorial function it performs is derived from the Attorney-General and remains subject to that office.

“The OSP might derive some of its authority from the Attorney-General, just as the Director of Public Prosecutions operates under the Attorney-General. It does not make the DPP superior to the AG,” he added.