Paul Twum-Barimah states OSP cannot prosecute independently under the constitution
via GhanaWeb1 min read
Paul Twum-Barimah, a lawyer and former Member of Parliament for Dormaa East, has defended a High Court ruling that restricts the Office of the Special Prosecutor OSP from independent prosecution. He asserts this decision is based on constitutional law, not judicial error. In a Facebook post on Friday, April 17, 2026, Twum-Barimah highlighted Article 88 of the 1992 Constitution, which vests prosecutorial authority in the Attorney-General, meaning the OSP requires proper authorization to initiate prosecutions. He also referenced Article 130, which gives the Supreme Court final interpretative authority on constitutional matters, and Article 12, the supremacy clause, stating that the Constitution is the supreme law and any inconsistent laws are void. He argued that while the Office of the Special Prosecutor Act, 2017 Act 959 aims to combat corruption, it cannot override constitutional provisions. Twum-Barimah cautioned that misinterpreting the law could undermine constitutional order and urged the Supreme Court to provide a conclusive determination to resolve inconsistencies in judicial interpretations, warning that continued uncertainty could impact corruption cases. He implied the High Court simply applied existing law and that the Supreme Court must bring final clarity to prevent institutional conflict and ensure legal certainty.
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