We’re moving to overturn High Court ruling — OSP

Story By: Will Agyapong

The Office of the Special Prosecutor (OSP) has announced that it will take immediate legal action to challenge a High Court ruling in Accra.

The ruling directs the Attorney-General’s Department to take over all criminal prosecutions currently being handled by the OSP.

The decision, issued on Wednesday, April 15, by Justice John Nyante Nyadu, has triggered debate about how far the OSP’s authority to prosecute cases extends.

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In addition to ordering the transfer of these cases, the Court also awarded costs of GH₵15,000 against the OSP.

In a statement released shortly after the ruling, the OSP strongly disagreed with the decision, arguing that the High Court went beyond its legal authority.

The office said it is already taking steps to challenge the ruling and have it overturned as quickly as possible.

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The OSP stated that it 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.”

The office further assured the public that, despite the ruling, its ongoing and intended prosecutions remain valid under the law.

“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.”

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