A High Court in Accra has issued a significant ruling affecting the operations of the Office of the Special Prosecutor (OSP), declaring that it cannot independently prosecute criminal cases without authorisation from the Attorney-General’s Department.
The decision, delivered on Wednesday, stems from a case filed by Peter Archibald Hyde challenging the OSP’s prosecutorial powers.
Key ruling
The court held that under Article 88 of the Constitution, only the Attorney-General has the authority to initiate criminal proceedings unless that power is delegated.
What happens to ongoing cases
The court directed that all ongoing prosecutions by the OSP must be taken over by the Attorney-General.
“The court is saying that all criminal proceedings that have been prosecuted by the OSP should be taken over by the Attorney-General,” Mr Inusah, Legal Affairs Correspondent said.
He added that cases initiated without such authorisation are considered invalid.
“Cases initiated without the permission of the Attorney-General are void,” he noted.
Impact on past cases
The ruling could also affect previously concluded cases.
“Even cases where the OSP has secured convictions may face questions as to how they were prosecuted,” he explained.
Legal and constitutional questions
The decision is expected to spark debate, especially as a separate case concerning the constitutionality of the OSP is pending before the Supreme Court of Ghana.
“This will raise further conversations about whether these issues should be dealt with by the Supreme Court,” Mr Inusah said.
What it means
- The OSP must seek approval before prosecuting cases
- The Attorney-General is expected to take over current cases
- Past and ongoing prosecutions could face legal challenges
The ruling marks a major development in Ghana’s legal landscape and could reshape how anti-corruption prosecutions are handled going forward.
More Stories Here
Source:
www.gbcghanaonline.com