The Office of the Special Prosecutor (OSP) has announced that it will take immediate legal steps to challenge and overturn a ruling by the High Court in Accra, which stripped it of powers to prosecute cases in the country.
The High Court’s decision also ordered the Attorney-General’s Department to assume control over all criminal prosecutions currently being handled by the Office.
The directive was issued on Wednesday, April 15, by Justice John Nyante Nyadu.
In a statement issued after the ruling, the OSP opposed the decision, arguing that the High Court had exceeded its jurisdiction.
The Office indicated that it is initiating legal proceedings to ensure the ruling is overturned.
“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 is only the Supreme Court which can strike down parts of an Act of Parliament as unconstitutional.”
In light of the ruling, the Office further assured that all prosecution cases under its mandate remain valid.
“The OSP firmly assures the public that all the criminal prosecutions it has commenced before the courts and all the criminal prosecutions it is about to commence before the courts remain valid and would proceed based on its mandate under the Office of the Special Prosecutor Act, 2017 (Act 959), which remains valid and in force as the matter has not been decided by the Supreme Court.”
