A legal practitioner, George Anti, has described the Supreme Court’s ruling on the prosecutorial powers of the Office of the Special Prosecutor (OSP) as “very sound”, saying it clarifies the constitutional relationship between the OSP and the Attorney-General.
Speaking on Nhyira FM’s Kro Yi Mu Nsem on Friday, July 31, Mr Anti said the decision reinforces the OSP’s role in the fight against corruption while affirming the Attorney-General’s constitutional authority over criminal prosecutions.
The Supreme Court on Wednesday, July 29, unanimously upheld the constitutionality of the Office of the Special Prosecutor Act, 2017 (Act 959), ruling that Parliament acted within its powers in establishing the OSP to investigate and prosecute corruption and corruption-related offences.
However, the seven-member panel also held that the Attorney-General remains the ultimate authority over all state prosecutions. The Court affirmed that the Attorney-General has the constitutional power to take over any prosecution initiated by the OSP, continue it or discontinue it through a nolle prosequi.
Commenting on the decision, Mr Anti explained that the limitation stems from Article 88 of the 1992 Constitution, which vests prosecutorial powers in the Attorney-General.
According to him, although the OSP has the authority to prosecute corruption-related offences, it does so as an agent of the Attorney-General rather than as an entirely independent prosecutorial body.
He said the arrangement strikes a balance by allowing the OSP to independently investigate high-profile corruption cases while ensuring prosecutions remain subject to constitutional oversight.
“The Attorney-General can delegate some prosecutorial powers to other actors, including the OSP. The AG can also withdraw those powers at any time,” Mr Anti said.
He argued that unless Article 88 of the Constitution is amended, the Attorney-General will continue to retain exclusive authority to initiate criminal prosecutions, regardless of how many anti-corruption institutions are established.
“Until an amendment is made to the 1992 Constitution, specifically Article 88, which states that all criminal prosecutions in the country shall be initiated at the instance of the Attorney-General, it does not matter how many institutions are created to fight corruption, bribery and other criminal activities. The power to initiate criminal prosecutions remains vested in the Attorney-General,” he stated.
Mr Anti said the Supreme Court’s decision settles long-standing questions about the relationship between the OSP and the Attorney-General’s Department and provides certainty regarding their respective constitutional roles.
He also welcomed the Supreme Court’s recent ruling on the delegate system used by political parties, describing it as legally sound.
According to him, the Constitution and the Political Parties Act require political parties to operate within the same democratic principles that govern national elections.
“If you look at the ruling purely from a legal standpoint, it is a very sound ruling. The same Constitution that governs national elections also governs the organisation of political parties under the freedom of association provisions and the Political Parties Act. So why should there be different systems for electing someone who will eventually contest to become President?” he questioned.
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