Deputy Attorney-General Justice Srem-Sai has asserted that the Office of the Special Prosecutor (OSP) does not possess the legal authority to initiate prosecutions without the approval of the Attorney-General.
His position follows a High Court ruling on April 15, 2026, which directed the Attorney-General’s Department to take over all ongoing prosecutions being handled by the OSP, pending formal authorisation.
The decision arose from a judicial review application challenging the scope of the anti-corruption body’s prosecutorial mandate.
While the ruling has sparked significant legal debate, the OSP has rejected the court’s interpretation, arguing that it exceeded its jurisdiction.
The Office maintains that its enabling legislation provides sufficient grounds for it to prosecute corruption-related cases independently and has begun steps to contest the decision.
The case in question was filed by Peter Archibold Hyde, one of four individuals under investigation by the OSP, alongside Alhaji Seidu, James Keck Osei and Customs officer John Abban.
They are accused of conspiring to unlawfully take possession of containers using forged documents, including a falsified letter purportedly issued by the Office of the Vice President.
Speaking in an interview on Channel One TV on April 20, Justice Srem-Sai argued that the law establishing the OSP does not explicitly grant it prosecutorial independence, stressing that the framework requires the office to seek the Attorney-General’s consent before initiating criminal proceedings.
“I do not believe that the Act authorises the OSP. There is nothing there which says that the OSP is hereby authorised. There are statements of the law that say the OSP should seek authorisation of the Attorney-General,” he said.
He maintained that this requirement reinforces the constitutional role of the Attorney-General as the central authority in all criminal prosecutions in Ghana, in line with the High Court’s interpretation of the law.
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Source: www.myjoyonline.com