Deputy AG challenges OSP's jurisdictional bounds at the Supreme Court

The Deputy Attorney General (AG) and Minister of Justice, Justice Srem-Sai has reportedly filed proposed arguments asking the Supreme Court to declare section 4(2) of the Office of the Special Prosecutor Act, 2017 (Act 959) unconstitutional and to strike it down to the extent of its unconstitutionality.

Section 4(2) of the Act requires the Attorney General to authorise the Special Prosecutor (OSP) to initiate and conduct prosecutions of corruption and related offences.

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According to report by TheLawPlatform on Thursday, April 9, 2026, the deputy AG in the proposed statement of case filed on Wednesday, April 8, 2026, noted that the OSP has, since 2018, "been investigating such allegations and suspicions, and prosecuting the offences that relate to them, even without such requisite authorisation by the Attorney General."

The AG, in defence of his prosecutorial powers under Article 88 of the 1992 Constitution, argues that any prosecution by the State requires his authorisation, which Parliament cannot remove through ordinary legislation.

Dr Srem-Sai, representing the AG, shall argue that the Attorney General can authorise natural persons to prosecute but not non-natural persons, as is provided under the OSP Act.

The AG shall, per the report, also seek Supreme Court declarations stating that, " a. That Parliament has, by an ordinary legislation, varied the constitutional prosecutorial powers of the Attorney-General; and b. That, by so doing, Parliament has acted in excess of its powers."

Check out the summary of AG’s arguments below:

The A-G shall seek to argue upon the grant of extension for the filing of his Statement of Case the following, "Based on the above facts and issues, the Attorney-General presents the following augments:

a. That the prosecutorial powers of the Republic vests in the Attorney-General alone,

b. That the Office of the Special Prosecutor Act does compel the Attorney-General to authorise the Office of the Special Prosecutor to prosecute offences,

c. That Parliament may not compel the Attorney-General to authorise a person to prosecute an offence,

d. That the Office of the Special Prosecutor Act does vary the Attorney-General's prosecutorial powers,

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e. That Parliament may not, by an ordinary legislation, vary the Attorney-General's prosecutorial powers, and

f. That a prosecutorial power may not be delegated to a juridical person."

MAG/VPO

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