The Minority in Parliament has thrown its weight behind the Office of the Special Prosecutor (OSP) in a case challenging the prosecutorial powers of the OSP.
The Caucus strongly criticised a recent High Court ruling which affected the prosecutorial authority of the OSP Prosecutor, describing the decision as “clearly constitutionally impermissible.”
The comments follow a High Court ruling on April 15, 2026, which directed the Attorney-General’s Department to take over all criminal prosecutions currently being handled by the OSP, pending formal approval from the Attorney-General.
The decision stemmed from a judicial review application challenging the prosecutorial powers of the anti-corruption body.
Addressing the press in Parliament on Tuesday, April 21, 2026, Deputy Ranking member on Parliament’s Constitutional and Legal Affairs Committee, Alhassan Tampuli argued that the ruling delivered by Justice Nyadu-Nyanteh on April 15, 2026, exceeds the jurisdiction of the High Court .
The Minority insisted that the Office of the Special Prosecutor Act, 2017 (Act 959) remains valid and fully operational, with the OSP’s mandate intact.
“The Minority reiterates its primary legal objection to the High Court ruling with unambiguous clarity. What Justice Nyadu-Nyanteh purported to do on April 15, 2026 is clearly constitutionally impermissible.
“ACT 959 remain valid and in force, the OSP’s mandate continues in full,” he stated.
According to the Minority, all prosecutions initiated or about to be initiated by the OSP remain lawful and should proceed without interruption until the Supreme Court rules otherwise.
The Minority urged the OSP not to be intimidated or hindered by the High Court decision, stressing that the Office must continue to discharge its statutory responsibilities.
“We urge the OSP to continue its work not to be intimidated or operationally paralyzed by a ruling that is itself constitutionally void for want of jurisdiction.
“The Minority stands firm with the OSP’s position, all prosecutions commenced and about to be commenced by the OSP remain valid and the Office must proceed on the basis of its statutory mandate until the Supreme Court says otherwise,” they stressed.
They further demanded swift legal action to challenge the ruling, calling on the OSP to immediately file an appeal and apply for a stay of execution at the High Court.
In addition, they proposed that the OSP seek a writ of certiorari at the Supreme Court to quash the High court decision.
The caucus also called on the Supreme Court to expedite its determination in the case of Adamtey versus the Attorney-General, noting that only the apex court has the authority to definitively resolve questions regarding the prosecutorial mandate of the OSP.
