By Ashiadey Dotse
Private legal practitioner Austin Kwabena Brako-Powers has said the Office of the Special Prosecutor (OSP) failed to sufficiently convince the judge of its authority to prosecute, following a recent High Court ruling.
Speaking in an interview on GTV’s Current Agenda on Saturday, April 18, 2026, Mr Brako-Powers explained that, according to the 26-page judgment, the OSP did not adequately demonstrate that it had the required authorisation from the Attorney-General to prosecute cases in the name of the Republic.
His comments follow a High Court ruling on Wednesday, April 15, 2026, which held that the OSP must obtain authorisation from the Attorney-General before initiating prosecutions. The court also directed the Attorney-General to take over all cases being handled by the office and declared previous prosecutions by the OSP null and void.
Mr Brako-Powers noted that the ruling was based on the evidence presented before the court at the time, stressing that even a strong legal case can fail if it is not properly supported with relevant documents and arguments.
He, however, maintained that the Special Prosecutor may still have a legal basis to prosecute, pointing to provisions in the law and the parliamentary intent behind the establishment of the office. According to him, a stronger presentation of evidence could have led to a different outcome.
He also raised concerns about aspects of the judgment, particularly the decision to nullify previous prosecutions, arguing that courts should be cautious about granting reliefs that were not specifically requested.
Mr Brako-Powers further noted that a High Court ruling is not binding on other High Courts, suggesting that ongoing cases involving the OSP in other courts may proceed without necessarily constituting contempt.
He expressed confidence that the matter could be tested on appeal, where greater clarity on the prosecutorial powers of the Special Prosecutor is expected.
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Source:
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