Convener of the Democracy Hub, Oliver Barker-Vormawor, says the Supreme Court’s unanimous dismissal of a suit challenging the prosecutorial powers of the Office of the Special Prosecutor (OSP) highlights the need for constitutional reforms to address limitations within Ghana’s current legal framework.
Reacting to the judgment, Mr Barker-Vormawor said the decision preserves the Attorney General’s constitutional authority over criminal prosecutions while providing guidance on the need to review aspects of the country’s constitutional arrangements.
“What the court has done is essentially preserve the Attorney General’s power to oversee all prosecutions,” he said.
According to him, several legal experts had argued that the Constitution limited Parliament’s ability to grant the OSP complete prosecutorial independence through legislation.
He, however, stressed that the ruling should not be interpreted as a setback to the fight against corruption but rather as an opportunity to pursue reforms that strengthen accountability institutions.
“The way forward, I think, is that the court gives us a clear direction that we need constitutional reform to fix some of the issues that have come up,” he stated.
His comments follow the Supreme Court’s unanimous decision to dismiss a constitutional challenge against provisions of the Office of the Special Prosecutor Act, 2017 (Act 959), which grant the OSP independent prosecutorial powers.
The judgment effectively affirms the legality of the OSP’s operations while maintaining the Attorney General’s constitutional role in criminal prosecutions.
The ruling is expected to allow the OSP to continue with ongoing corruption-related cases, while discussions on possible constitutional amendments to enhance the office’s independence continue.
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