Ghana: High Court ruling on OSP prosecutorial powers criticized as setback in corruption fight
via GhanaWeb1 min read
Mary Addah, Executive Director of Transparency International Ghana, has criticized a recent High Court ruling that limits the prosecutorial authority of the Office of the Special Prosecutor OSP. Addah stated that the decision could undermine Ghana鈥檚 progress in combating corruption, describing it as a significant setback that takes the country "about eight years back in the fight against corruption." Her comments follow an Accra High Court ruling that the OSP lacks independent authority to prosecute criminal cases, directing that all cases initiated by the anti-corruption body be referred to the Attorney General鈥檚 Department. Justice John Eugene Nyadu Nyante, the presiding judge, ruled that while the OSP can investigate corruption-related offenses, it does not have the constitutional mandate to independently initiate prosecutions. This decision was based on Article 88 of the 1992 Constitution, which vests prosecutorial authority in the Attorney General. The ruling originated from an application for quo warranto filed by Peter Achibold Hyde, who challenged the OSP's legal authority to undertake prosecutions. This development has reignited discussions about the Special Prosecutor鈥檚 mandate and the potential need for legal reforms to enhance its independence.
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