The High Court in Accra has stripped the Office of the Special Prosecutor (OSP) of its authority to independently prosecute criminal cases, ordering that all ongoing prosecutions be taken over immediately by the Attorney-General.
The court also declared all criminal cases currently being handled by the OSP as void, effectively bringing multiple proceedings across various courts to a halt.
The ruling was delivered by Justice John Eugene Nyadu Nyante of the General Jurisdiction Division 10, who held that under Article 88(4) of the 1992 Constitution, the OSP cannot initiate prosecutions without prior authorisation from the Attorney-General.
According to the court, while the OSP has the mandate to investigate corruption and related offences, its prosecutorial actions must be backed by the Attorney-General’s approval, otherwise they are legally defective.
The decision followed a judicial review application filed by Peter Archibold Hyde, one of several accused persons in a case involving allegations of conspiracy to fraudulently acquire containers using forged documents and a falsified letter purportedly linked to the Office of the Vice President. Other accused persons in the case include officials from the National Insurance Commission and the Customs Service.
The court further awarded costs of GH¢15,000 against the OSP.
The ruling means that all affected cases must now be transferred to the Attorney-General’s office until the OSP secures the necessary constitutional authorization to prosecute independently.
However, the Office of the Special Prosecutor has disagreed with the decision, indicating that it will take steps to challenge the judgment.
