A constitutional lawyer, Justice Abdulai has described the Supreme Court decision affirming the prosecutorial powers of the Office of the Special Prosecutor (OSP) as a major victory for Ghana’s fight against corruption.
According to him, the ruling reinforces the original intent behind the establishment of the OSP Act, which was to create an independent institution capable of carrying out its mandate without requiring continuous direction or approval from the Attorney-General’s office.
He argued that when the Special Prosecutor’s day-to-day activities always receives oversight by the Attorney-General, it undermines the very purpose of establishing the office as an independent anti-corruption body.
“This appears to be a victory for democracy. What our position has always been is that the OSP would not be saddled with the burden of continuously seeking, on a day-to-day basis, the permission and directions of the Attorney-General’s office in order to undertake its activities and perform its functions in line with the Act establishing it,” he said.
He noted that the decision significantly limits the Attorney-General’s authority over the OSP, describing it as a positive development for Ghana’s governance and accountability framework.
“The whole essence of having an independent OSP would have been defeated if the Attorney-General’s office still had overarching powers over its functions. This decision appears to be limiting the authority of the Attorney-General over the OSP, and that is very good for democracy and indeed good for the fight against corruption,” he added.
The law lecturer further stated that the ruling effectively motivates the Special Prosecutor to carry out its work without unnecessary legal uncertainty.
“This decision has dealt a significant blow to that High Court decision and, as far as I am concerned, it is a victory for all advocates of the fight against corruption. Now, the OSP can move forward and undertake business as usual without looking back,” he concluded.
Supreme Court upholds OSP’s independence, affirms A-G’s power to discontinue cases
