Former Dormaa East MP Paul A. Twum-Barimah has mounted a robust defence of the recent High Court ruling curtailing the independent prosecutorial powers of the Office of the Special Prosecutor (OSP), arguing that the decision is rooted firmly in Ghana’s constitutional framework—not judicial overreach.
At the heart of his argument is Article 88 of the 1992 Constitution of Ghana, which vests the authority to initiate and conduct criminal prosecutions solely in the Attorney-General. In his view, this provision makes it constitutionally mandatory for any other body, including the OSP, to operate under the authorisation or direction of the Attorney-General when pursuing criminal cases.
He further invoked Article 130 of the 1992 Constitution of Ghana, emphasizing that only the Supreme Court has the final say on constitutional interpretation—suggesting that the current controversy ultimately requires resolution at that level.
Reinforcing the supremacy of the Constitution, Mr Twum-Barimah cited Article 1(2) of the 1992 Constitution of Ghana, which declares any law inconsistent with the Constitution null and void to the extent of the inconsistency. This, he argues, places the Office of the Special Prosecutor Act, 2017 (Act 959) in a subordinate position where its provisions conflict with constitutional mandates.
While acknowledging that Act 959 was enacted to insulate corruption prosecutions from political interference, he cautioned that such legislative intent cannot override entrenched constitutional provisions. To do so, he warned, would risk eroding constitutional order under the guise of strengthening accountability mechanisms.
Mr Twum-Barimah also stressed the broader implications of the legal uncertainty, noting that inconsistent interpretations could jeopardize both ongoing and concluded corruption cases. He therefore called for a definitive ruling by the Supreme Court of Ghana to settle the matter and provide clarity for all state institutions.
In his assessment, the High Court merely applied the law as it stands—leaving the final word to the apex court to reconcile the apparent tension between constitutional authority and statutory innovation in Ghana’s anti-corruption architecture. Enditem
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