Supreme Court ruling confirms AG’s supervisory authority over OSP – Kpebu

Private legal practitioner Martin Kpebu says the Supreme Court’s unanimous ruling on the prosecutorial powers of the Office of the Special Prosecutor (OSP) has firmly established that the Attorney General (AG) retains supervisory authority over the anti-corruption body and can intervene where necessary to prevent any abuse of prosecutorial powers. Reacting to the judgment on JoyNews’ The Pulse on Wednesday, July 29, Mr Kpebu said the ruling should not be viewed simply as preserving the OSP’s prosecutorial powers, but rather as clarifying that those powers are exercised under the constitutional authority of the Attorney General. “The decision is a good one,” he said.

“But the fight was not just about retaining the prosecutorial powers. The fight was whether the OSP should always seek authorisation or permission in starting every case.” He noted that while the Supreme Court did not expressly state in its summary that the OSP must obtain fresh authorisation for every prosecution, the justices made one point abundantly clear—that the Constitution vests the power to prosecute in the Attorney General. “There’s a key part that the Supreme Court held: it’s only the Attorney General who has the power to prosecute.

So the responsibility for prosecution lies with him,” Mr Kpebu explained. According to him, the implication is that the Attorney General can direct the OSP to discontinue or stay away from any prosecution if circumstances warrant such intervention. “It means that at any point, the Attorney General can write to the OSP and tell him, ‘I hear you’re doing this case; stay off it.’ And if the OSP refuses, the Attorney General can go to court to stop it,” he said.

Mr Kpebu argued that the ruling settles the long-running dispute over whether the Special Prosecutor operates independently of the Attorney General. “This lawsuit arose because the Special Prosecutor would not obey the Attorney General. He believed the office was totally independent of the Attorney General, and that is what triggered the whole lawsuit,” he stated.

He maintained that the Supreme Court has now “put the Special Prosecutor in his right place” by affirming that the office remains subject to the Attorney General’s constitutional supervision. “So now, if you see anything the OSP is doing that is untoward, you can report it to the Attorney General, who is his boss, and the Attorney General can…