NewzThe Member of Parliament for Mpraeso, Davis Ansah Opoku, has welcomed the Supreme Court’s decision affirming the constitutional roles of both the Office of the Special Prosecutor (OSP) and the Attorney-General, describing the ruling as an important step in strengthening Ghana’s governance architecture. In a Facebook post on Wednesday, July 29, Mr Opoku said the Office of the Special Prosecutor has a distinct and critical responsibility in the country’s anti-corruption efforts, while also stressing the importance of the Attorney-General exercising constitutional powers in a responsible manner and in the national interest. “The Office of the Special Prosecutor has a unique and indispensable role to play in Ghana’s fight against corruption.
At the same time, the Attorney-General’s constitutional powers must be exercised responsibly and in the national interest,” the Vice Chairman of Parliament’s Public Accounts Committee stated. The Mpraeso MP further indicated that the exercise of the Attorney-General’s power of nolle prosequi would remain under public scrutiny, arguing that its application would serve as a key indicator of the government’s commitment to fighting corruption. “As citizens, we will also be watching how the power of nolle prosequi is exercised.
The use—or abuse—of that constitutional power will ultimately be a true test of any government’s commitment to the fight against corruption,” he said. Mr Opoku also called on Ghanaians to allow state institutions to perform their constitutional mandates without interference. “Let us allow our state institutions to perform their constitutional mandates independently, responsibly, and in accordance with the law.
A stronger Ghana depends on stronger institutions,” he added. The Supreme Court has unanimously ruled that the Office of the Special Prosecutor (OSP) has the legal authority to investigate and prosecute corruption-related offences independently, but the Attorney-General (AG) retains the constitutional power to discontinue such prosecutions by entering a nolle prosequi. The landmark decision settles a constitutional dispute over the prosecutorial powers of the OSP and clarifies the relationship between the anti-corruption agency and the Attorney-General’s office.
A seven-member panel of the apex court, chaired by Chief Justice Paul Baffoe-Bonnie, dismissed a suit filed by private legal practitioner Noah Adamtey, who challenged the constitutionality of provisions in the Office of the Special Prosecutor Act, 2017 (Act 959). Mr Adamtey said that Article 88 of the 1992 Constitution vests the exclusive authority to prosecute criminal offences in the Attorney-General. According to him, Parliament exceeded its powers when it enacted Sections 3(3) and 4 of Act 959, which grant the OSP independent prosecutorial authority.
He asked the court to declare those provisions unconstitutional on the grounds that they were inconsistent with the Constitution. However, the Supreme Court rejected the challenge, leaving the law intact and affirming the OSP’s independent mandate to investigate and prosecute corruption and corruption-related offences without first obtaining approval from the Attorney-General. While upholding the OSP’s prosecutorial independence, the court also made it clear that the Attorney-General retains the constitutional authority to intervene in criminal proceedings by entering a nolle prosequi, a legal process used to formally discontinue a prosecution.
Summary from source