AG has no intention to disobey High Court's order – Srem-Sai speaks on ruling against OSP

The Deputy Attorney General and Minister of Justice, Justice Srem-Sai, has stated that the Attorney General will comply with the High Court order directing that all cases being prosecuted by the Office of the Special Prosecutor (OSP) be taken over.

This follows reports that the High Court has stripped the OSP of its independent prosecutorial mandate and ordered that such cases be handled by the AG until the required legal authorisation is secured.

Only Supreme Court can strike down parts of an Act of Parliament as unconstitutional – OSP

Addressing the development on his Facebook page on Thursday, April 16, 2026, Srem-Sai said the order was issued in a case involving an accused person, Peter Archiblod Hyde, who challenged the authority of the OSP to prosecute him.

“Yesterday, the High Court ordered the Honourable Attorney General to take over all the cases which the Office of the Special Prosecutor (OSP) is prosecuting until such a time that the OSP obtains the constitutionally required authorisation to prosecute,” he said.

He noted that the accused person had asked the court to compel the OSP to demonstrate that its officers had the necessary authorisation from the Attorney General to carry out prosecutions.

“The order was given in a case brought by an accused person, one Peter Archiblod Hyde, who was being prosecuted by the OSP. In the case, Peter Archiblod Hyde asked the High Court to direct the OSP to show that its officers are authorised by the Attorney General to initiate or conduct prosecution,” he added.

According to him, the argument presented by the defence was based on provisions in both the constitution and the OSP Act.

“Peter Archiblod Hyde’s lawyer argued that both the Constitution and the OSP Act require that the OSP to prosecute, but on the authorisation of the Attorney General. The Court’s records show, however, that the OSP was unable to show that it has the Attorney General’s authorisation - hence the Court’s order above,” he added.

Justice Srem-Sai stressed that the Attorney General will not defy the court’s directive and will take steps to implement the ruling.

“The Honourable Attorney General has no intention or capacity to disobey or ignore the High Court’s order. Accordingly, the Office of the Attorney-General will, in the coming days, begin to take the necessary steps to give effect to the Court’s order,” he added.

Meanwhile, the OSP has insisted that only the Supreme Court has the authority to declare parts of an Act of Parliament unconstitutional, following a High Court ruling on its prosecutorial powers.

In a statement on April 15, 2026, the OSP maintained that the High Court does not have the jurisdiction to make such a determination.

“It is only the Supreme Court which can strike down parts of an Act of Parliament as unconstitutional,” the statement said.

The office said it is taking steps to overturn the decision, describing it as one that goes beyond the powers of the High Court.

Court rules OSP lacks authority to prosecute cases

“The OSP is taking steps to quickly overturn the decision of the General Jurisdiction Court since the High Court does not have jurisdiction to, in effect, strike down parts of an Act of Parliament as unconstitutional,” it added.

MAG/AE

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