High Court rules all OSP cases must be authorised by Attorney-General

The High Court in Accra has ruled that the Office of the Special Prosecutor (OSP) cannot carry out criminal prosecutions without approval from the Attorney-General.

In a decision delivered by Justice John Eugene Nyadu Nyante, the court declared that all prosecutions currently being handled by the OSP are invalid unless they have the authorisation of the Attorney-General.

According to GHone news,the court explained that although the Office of the Special Prosecutor has the power to investigate corruption-related offences, it does not have the full authority to prosecute cases independently. According to the ruling, such prosecutions must be done with permission from the Office of the Attorney-General, in line with Article 88(4) of the 1992 Constitution.

As part of the judgment, the court ordered the Attorney-General’s office to immediately take over all ongoing criminal cases being handled by the OSP in various courts.

The ruling followed a legal challenge questioning the prosecutorial powers of the OSP. The court also awarded costs of GH¢15,000 against the Special Prosecutor’s office.

The decision means that until the OSP receives proper authorisation from the Attorney-General, it cannot prosecute any cases in court.