Supreme Court adjourns OSP's application over prosecution powers indefinitely

The Supreme Court has indefinitely adjourned an application filed by the Office of the Special Prosecutor (OSP) seeking to overturn a High Court ruling that restricted its prosecutorial powers.

The OSP is challenging a decision by the High Court, which directed the office to transfer all ongoing criminal cases to the Attorney General and also obtain approval from the Attorney General before initiating prosecutions.

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The ruling was delivered on April 15, 2026, by Justice Eugene Nyantei Nyadu after one of the accused persons in the rice scandal case, Peter Archibald Hyde, questioned the authority of the OSP to prosecute the matter.

In the ruling, the court held that although the OSP has the legal mandate to investigate corruption and corruption-related offences, it cannot independently commence prosecutions without prior authorisation from the Attorney General.

The decision has affected a number of ongoing high-profile cases being handled by the OSP, including matters involving SML Company Ltd, former National Petroleum Authority (NPA) Chief Executive, Mustapha Abdul-Hamid, and former presidential staffer, Charles Bissue.

According to a report by 3news.com, on May 26, 2026, the Director of Prosecutions at the OSP, Isidore Tufuor, explained that the adjournment was due to challenges in serving court processes on the interested parties.

According to him, some of the accused persons have been avoiding service, making it difficult for the court proceedings to continue.

It will be recalled that a High Court ruled that the OSP does not have the independent authority to prosecute criminal cases, directing that all matters initiated by the anti-corruption body be referred to the Attorney General’s Department.

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The presiding judge, John Eugene Nyadu Nyante, held that although the OSP is empowered to investigate corruption-related offences, it lacks the constitutional mandate to independently initiate prosecutions.

The ruling was based on Article 88 of the 1992 Constitution, which vests prosecutorial authority in the Attorney General.

MAG/VPO

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