The High Court in Accra has dealt a significant blow to the Office of the Special Prosecutor (OSP), declaring its prosecutorial powers void and ordering the Attorney General to take over all criminal prosecutions previously handled by the OSP.
Justice John Eugene Nyadu Nyante ruled that while the OSP possesses investigative powers, it cannot prosecute cases in court without the permission or authorisation of the Attorney General, as required under article 88(4) of the 1992 Constitution.
The ruling followed an action challenging the prosecutorial authority of the OSP. The court granted the relief sought and slapped a cost of GH¢15,000 against the OSP.
According to EIB Network’s Legal Affairs Correspondent, Murtala Inusah, the effect of the court’s orders means that the OSP cannot proceed with any prosecution unless it first secures prosecutorial authority from the Attorney General.
