The High Court in Accra has ruled that the Office of the Special Prosecutor lacks independent authority to prosecute criminal cases, declaring all such proceedings void and directing the Attorney General to assume control. Delivering the judgment, Justice John Eugene Nyadu Nyante held that while the Special Prosecutor may investigate offences, prosecutions can only proceed with the Attorney General’s authorisation under Article 88(4) of the 1992 Constitution.
As a result, all ongoing criminal trials initiated by the Special Prosecutor must now be transferred to the Attorney General’s office. The ruling followed a legal challenge to the Special Prosecutor’s prosecutorial powers, which the court upheld, awarding costs of GH¢15,000 against the office. The decision is expected to significantly reshape the handling of corruption-related cases in Ghana, as prosecutorial authority reverts to the Attorney General.
Source: Edward Acquah