The General Jurisdiction Division 10 of the High Court in Accra has ordered the Attorney-General to immediately take over all criminal prosecutions currently being handled by the Office of the Special Prosecutor (OSP), pending formal authorization from the Attorney-General’s office.
In its ruling, the court also declared all ongoing prosecutions initiated by the OSP null and void, effectively halting multiple cases across various courts.
Additionally, the court awarded costs of GH₵15,000 against the OSP.
The decision stems from a case involving four individuals under investigation by the OSP, including Alhaji Seidu of the National Insurance Commission; James Keck Osei, a former director at the Office of the Vice President; and Customs officers John Abban and Peter Archibold Hyde.
The individuals are accused of conspiring to seize containers using forged documents and a falsified letter purportedly from the Office of the Vice President.
Peter Archibold Hyde, one of the accused, filed a judicial review application seeking to quash the OSP’s decision to prosecute.
In delivering the ruling, the judge held that while the OSP has the mandate to investigate suspected corruption-related offences, it does not have the authority to initiate prosecutions without prior authorization from the Attorney-General.
The court therefore ruled that all such prosecutions are void and must be taken over by the Attorney-General.
Meanwhile, the Office of the Special Prosecutor, in a statement, said the ruling conflicts with an earlier decision by the criminal division of the High Court, which had deferred a similar application pending a Supreme Court determination on whether the OSP can independently initiate criminal prosecutions.
The OSP has indicated it will take steps to challenge the ruling.
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