Supreme Court Rejects OSP’s Bid to Join Suit Challenging Its Powers
The Supreme Court has dismissed an application by the Office of the Special Prosecutor (OSP) to join a constitutional suit challenging aspects of its powers under the Office of the Special Prosecutor Act, 2017 (Act 959). The OSP had sought to intervene in a suit filed by private citizen and lawyer Noah Adamtey, contesting the legitimacy of certain provisions within the Act.
The court ruled that the OSP is not a necessary party to the suit, as the constitutional questions raised can be fully determined between the plaintiff and the Attorney-General. Deputy Attorney-General Dr. Justice Srem-Sai had opposed the OSP’s application, arguing that the office lacks a vested interest in the matter and that it is Parliament’s responsibility to defend the constitutionality of the legislation ¹ ² ³.
The suit challenges Sections 4 and 33 of Act 959, which delineate the OSP’s investigative and prosecutorial powers. The Supreme Court’s decision allows the proceedings to continue without the OSP as a party.
