Frank Davies, a member of the legal team for former Finance Minister Ken Ofori-Atta, has questioned the jurisdiction of the High Court in the case involving the independent prosecutorial powers of the Office of the Special Prosecutor (OSP) and the Attorney-General.
In an interview on Joy FM’s MiddayNews on Thursday, he expressed strong reservations about what he described as the “hurried” manner in which the High Court judge handled the matter, despite a related constitutional issue currently pending before the Supreme Court of Ghana.
According to him, once a matter touching on constitutional interpretation is before the Supreme Court, lower courts are expected to exercise restraint until a final determination is made by the apex court.
“I’m a bit disappointed with what is going on. In the first place, I cannot get my mind to the hurried manner, or (I’m) tempted to say the indecent rate with which the higher court judge has dealt with this matter, much more so when the matter itself is pending before the Supreme Court.
“When the matter is pending before the Supreme Court for adjudication of the Constitution, and that matter comes to a lower court, the relevant issue statement has been determination of the matter.
“The Supreme Court is the only court which has the mandate to interpret the Constitution. It is therefore surprising that a High Court would proceed to deal with the matter in this manner,” he said.
His comments follow an Accra High Court ruling that the Office of the Special Prosecutor (OSP) lacks independent authority to prosecute criminal cases, directing that all matters initiated by the anti-corruption body be referred to the Attorney-General’s Department.
The decision, delivered on Wednesday, has created uncertainty over ongoing prosecutions handled by the OSP, placing them effectively in abeyance pending further legal direction.
Presiding judge, Justice John Eugene Nyadu Nyante, held that although the OSP is empowered to investigate corruption-related offences, it lacks the constitutional mandate to independently initiate prosecutions.
The court based its ruling on Article 88 of the 1992 Constitution, which vests prosecutorial authority in the Attorney-General.
