Deputy Attorney-General Dr Justice Srem-Sai says the constitutional challenges facing the Office of the Special Prosecutor (OSP) have always been known, insisting that only an amendment to Ghana’s 1992 Constitution can properly establish an independent prosecutorial body.
Speaking on Joy FM’s Super Morning Show, Dr Srem-Sai said legal experts had long maintained that an Act of Parliament alone was insufficient to grant the OSP independent prosecutorial authority.
“From the very day that this idea was mooted by the previous government, every lawyer who understands constitutional law knew that the solution to this problem is a constitutional amendment,” he stated.
His comments follow an Accra High Court ruling on April 15, 2026, which declared all ongoing prosecutions by the OSP null and void, and directed that those cases be transferred to the Attorney-General’s Department.
The decision has sparked fresh national debate over the legal powers of the anti-corruption office, which was established under the Special Prosecutor Act, 2017 (Act 959), to investigate and prosecute corruption-related offences.
Dr Srem-Sai argued that the current legal setback does not come as a surprise within legal circles, saying the constitutional limits of the OSP’s prosecutorial powers have been discussed for years.
According to him, creating a truly independent prosecutorial institution requires changes to the Constitution, particularly because Article 88 vests prosecutorial authority in the Attorney-General.
He also cited previous court decisions to support his argument, including the 2019 case of Republic v Mohammed Shafic, where a defendant successfully challenged the prosecutorial powers of a state institution after legislative changes.
The Deputy Attorney-General said similar objections have succeeded in at least three separate cases in Ghana’s legal history.
He was, however, quick to defend the right of citizens to challenge public institutions in court, saying legal objections should not automatically be interpreted as resistance to anti-corruption efforts.
Dr Srem-Sai noted that the individual who initiated the current challenge was within his constitutional rights to test the legality of the OSP’s authority.
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Source: www.myjoyonline.com