The Minority in Parliament has raised objections to a recent High Court ruling directing the Attorney-General to assume control of all criminal cases being prosecuted by the Office of the Special Prosecutor (OSP), describing the decision as legally unsound.
According to the caucus, Article 88(4) of the 1992 Constitution provides sufficient authority for the OSP to prosecute without repeated approval from the Attorney-General.
They argue that requiring such clearance undermines the office’s independence.
The concerns follow a ruling delivered in Accra on Wednesday, April 15, which ordered the Attorney-General to take over all ongoing prosecutions initiated by the OSP.
The court further declared those cases null and void pending proper authorisation, a move that has effectively stalled several high-profile corruption cases.
The Minority also criticised the broader implications of the decision, warning that it could weaken Ghana’s anti-corruption framework by placing undue control over the OSP’s prosecutorial functions in the hands of the executive.
Speaking on Citi FM on Thursday, April 16, Legal Counsel to the Minority and Member of Parliament for Suame, John Darko, described the ruling as a “complete mistake.”
He said, “If anybody interprets Section 4 of the OSP Act to mean that any time we want to bring a prosecution… we need to go to the Attorney-General’s office for clearance, you’ll be mistaken. Because then there was no need to set up the office for it to be controlled by the executive.”
He further argued that the judge erred in nullifying the cases, stating, “The judge, again, was wrong. He cannot declare all the cases as null and void… The only court that has that power would be the Supreme Court.”
The Minority has also urged the Attorney-General to demonstrate commitment to the fight against corruption by allowing the OSP to continue handling its cases, warning that the development raises concerns about the government’s resolve to tackle corruption effectively.
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Source: www.myjoyonline.com