Audio By Carbonatix
Constitutional Rights and Policy Strategy Advisor at Democracy Hub, Oliver Barker-Vormawor, has hailed the Supreme Court's decision affirming the constitutionality of the Office of the Special Prosecutor (OSP) as a significant milestone in Ghana's fight against corruption.
He described the ruling as one that strengthens the institution's standing and reinforces public confidence in its mandate.
Speaking on JoyNews' Newsfile on Saturday, August 1, Mr Barker-Vormawor said the judgments delivered by the Supreme Court on July 29 marked an important moment for the country's anti-corruption efforts.
"I think that July 29 was a big day for anti-corruption fighters in this country," he said.
According to him, the Supreme Court deserved commendation for the manner in which it addressed the constitutional questions surrounding the Office of the Special Prosecutor.
"I think that the court covered itself in glory in terms of how it dealt with this matter," he remarked.
His comments follow the Supreme Court's unanimous decision on Wednesday, July 29, to uphold the constitutionality of the Office of the Special Prosecutor Act, 2017 (Act 959), ending a legal challenge to the law establishing the anti-graft agency.
The seven-member panel ruled that Parliament acted within its constitutional mandate when it enacted the legislation creating the OSP to investigate and prosecute corruption and corruption-related offences.
At the same time, the court clarified the constitutional relationship between the Office of the Special Prosecutor and the Attorney-General, holding that the Attorney-General remains the principal authority responsible for all state prosecutions.
The court further affirmed that the Attorney-General retains the constitutional power to assume conduct of any prosecution initiated by the OSP, continue proceedings or discontinue them by entering a nolle prosequi.
Despite that clarification, Mr Barker-Vormawor said the judgment leaves the Office of the Special Prosecutor in a considerably stronger institutional position than before.
"I think that this decision reaffirms the OSP," he said.
He argued that although the Attorney-General retains supervisory authority over public prosecutions, the judgment makes it politically difficult for any future government to undermine the independence or operational effectiveness of the anti-corruption agency.
"Even if the Attorney-General decides to revoke the authorisation under the Legislative Instrument, I think it will be politically inexpedient to do it generally," he stated.
According to Mr Barker-Vormawor, the Supreme Court's decision sends a strong signal that the Office of the Special Prosecutor remains a central pillar of Ghana's anti-corruption framework and should continue to enjoy public and institutional support.
"I think that it really reinforces the office," he added.
The Democracy Hub advisor suggested that the judgment provides greater legal certainty regarding the OSP's role and should strengthen confidence in its ability to investigate and prosecute corruption cases without unnecessary constitutional uncertainty.
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