Haruna Iddrisu's position on Special Prosecutor powers upheld by High Court

A legal position advanced years ago by the Minister for Education and former Minority Leader, Haruna Iddrisu, regarding the prosecutorial powers of the Office of the Special Prosecutor (OSP), has been reaffirmed by a recent High Court ruling in Accra.

On October 26, 2017, during parliamentary deliberations on the bill to establish the OSP, Haruna Iddrisu raised constitutional concerns, describing the proposed law as “pregnant with constitutional flaws” and warning that it risked creating what he metaphorically referred to as “an illegal child called a Special Prosecutor.”

Citing the 1992 Constitution of Ghana, which vests prosecutorial authority in the Attorney-General, he questioned the legal basis for an independent Special Prosecutor. He argued that the Attorney-General already holds the constitutional mandate to initiate, conduct, and discontinue prosecutions on behalf of the state.

He further challenged the concept of prosecutorial independence as outlined in the bill, noting that both the Attorney-General and the proposed Special Prosecutor are appointed by the same President, which he said undermines claims of true autonomy.

Haruna Iddrisu also raised concerns about institutional overlap, arguing that granting the Special Prosecutor both investigative and prosecutorial powers could blur the roles of agencies such as the Ghana Police Service and the Economic and Organised Crime Office (EOCO).

He suggested a clearer separation of duties, proposing that investigative bodies like EOCO should focus on fact-finding, while prosecutorial powers remain exclusively with the Attorney-General.

Years later, that position has received judicial backing. The Accra High Court, presided over by Justice John Eugene Nyadu Nyante, has ruled that the Office of the Special Prosecutor does not have independent authority to prosecute criminal cases.

The ruling followed a quo warranto application filed by Peter Archibold Hyde, who challenged the legal basis of the OSP’s prosecutorial powers. In his judgment, Justice Nyante directed that all cases initiated by the anti-corruption body must be referred to the Office of the Attorney-General for prosecution.

The decision marks a significant development in Ghana’s legal and governance landscape, effectively echoing concerns raised during the early stages of the OSP legislation.

For observers, the ruling underscores the enduring relevance of constitutional interpretation and the importance of legislative scrutiny in shaping institutional frameworks.

As debates continue over anti-corruption enforcement and institutional mandates, the judgment serves as a reminder that legal clarity often emerges over time, sometimes validating arguments made long before they are tested in court.