By Francis Kobena Tandoh
The Supreme Court has on Wednesday unanimously dismissed a constitutional suit challenging the prosecutorial powers of the Office of the Special Prosecutor (OSP), affirming that the OSP has the legal authority to investigate and prosecute corruption-related offences under the Office of the Special Prosecutor Act, 2017 (Act 959).
The case, brought by private legal practitioner Noah Adamtey, argued that provisions of Act 959 granting the OSP independent prosecutorial authority were inconsistent with Article 88 of the 1992 Constitution, which vests prosecutorial powers in the Attorney-General.
In its judgment delivered on July 29, the apex court upheld the constitutionality of the OSP Act. However, the court also clarified that the Attorney-General retains the constitutional power under Article 88 to discontinue prosecutions initiated by the OSP.
The ruling preserves the OSP’s mandate as Ghana’s independent anti-corruption agency while reaffirming the Attorney-General’s constitutional supervisory role over criminal prosecutions. Enditem
Source: Ghana Eye Report
