Anti-corruption campaigner Edem Senanu has raised concerns over a recent Accra High Court decision involving the prosecutorial power of the Office of the Special Prosecutor (OSP) and the Attorney General, questioning the court’s jurisdiction in the matter.
His concerns come after an Accra High Court ruling that the OSP does not have independent authority to prosecute criminal cases and must refer all matters to the Attorney-General’s Department.
Presiding judge, Justice John Eugene Nyadu Nyante, held that although the OSP is empowered to investigate corruption and corruption-related offences, it lacks the constitutional mandate to independently initiate prosecutions.
Reacting to the ruling, Senanu said he was not convinced the High Court had jurisdiction to determine issues of constitutional interpretation.
“I’m not quite sure I should even accept it as a ruling. I’m waiting to hear the lawyers, but as far as I know, the High Court doesn’t have the mandate or the jurisdiction to rule on matters of interpretation,” he stated.
“And I’m quite shocked that they would dare to even do so,” he added.
He expressed shock at the development, suggesting it could set a dangerous legal precedent.
Senanu further warned that the decision could undermine established legal processes and the country’s anti-corruption framework.
“I think that it’s a very dangerous precedent, a very slippery slope if we are even to entertain this kind of ruling,” he cautioned.
He added that the ruling risks reversing progress made in Ghana’s governance and anti-corruption efforts.
“It’s almost as if we are rewinding history and taking several steps back if we were to allow this to go into effect,” he noted.
Senanu maintained that the High Court should not be considered to have jurisdiction in such constitutional matters and urged further legal scrutiny of the decision.
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Source: www.myjoyonline.com