The Office of the Special Prosecutor (OSP) has announced that the Accra High Court has refused its application for a stay of execution of a recent ruling that halted the anti-corruption body’s independent prosecution of criminal cases.
In a post shared on its Facebook page on Monday, June 15, the OSP said the High Court (General Jurisdiction 10), presided over by Justice Eugene John Nyante Nyadu, declined to suspend the enforcement of the ruling.
According to the OSP, it will immediately renew its application for a stay of execution at the Court of Appeal.
The Office further noted that it had already initiated separate substantive legal challenges against the High Court’s decision at both the Supreme Court and the Court of Appeal.
The development follows a ruling by the High Court directing that all criminal matters initiated by the OSP be referred to the Attorney-General’s Department.
Justice Nyadu held that while the OSP has the authority to investigate corruption-related offences, it lacks the constitutional mandate to independently prosecute criminal cases.
The court based its decision on Article 88 of the 1992 Constitution, which vests prosecutorial authority in the Attorney-General.
The ruling stemmed from an application for quo warranto filed by a private citizen, Peter Achibold Hyde, who challenged the legal authority of the OSP to conduct prosecutions.
In response, the anti-graft body criticised the decision, arguing that the High Court had exceeded its jurisdiction.
The OSP maintains that only the Supreme Court has the authority to declare portions of an Act of Parliament unconstitutional and has pledged to pursue all available legal avenues to overturn the ruling.
