The Minority in Parliament has challenged a High Court ruling directing the Attorney-General to take over all criminal prosecutions currently being handled by the Office of the Special Prosecutor (OSP), arguing that the decision raises serious constitutional concerns and exceeds the court’s jurisdiction.
The Accra High Court, on Wednesday, April 15, 2026, ordered the Attorney-General’s Department to immediately assume control of all ongoing criminal cases under the OSP, pending formal authorisation.
The ruling effectively transfers prosecutorial authority from the anti-corruption body to the Attorney-General, fuelling debate over the independence and future role of the OSP.
It has also heightened concerns about whether the Office can operate autonomously if its cases remain subject to oversight or reassignment by the Attorney-General’s Department.
However, the Minority Caucus insists the High Court acted beyond its remit.
Speaking on behalf of the group on Tuesday, April 21, the Member of Parliament for Gushegu and Deputy Ranking Member on the Constitutional and Legal Affairs Committee of Parliament, Alhassan Tampuli, argued that the ruling amounted to an improper constitutional interpretation—one that falls exclusively within the jurisdiction of the Supreme Court.
“On the constitutional priority of the ruling itself, the minority stands firm. Article 130(1) of the Constitution vests exclusive original jurisdiction in the Supreme Court in all matters relating to the enforcement or the interpretation of the Constitution,” Tampuli said.
He maintained that the High Court does not have the authority to interpret or enforce constitutional provisions in a manner that effectively overrides an Act of Parliament.
“A High Court cannot, through any procedural vehicle, quo warranto or otherwise, effectively nullify the provisions of an Act of Parliament on constitutional grounds. That is not the jurisdiction of the High Court. It is within the province of the Supreme Court, and no other agency can share it with the Supreme Court,” he stated.
The Caucus further maintained that the law establishing the OSP remains in full force.
“As far as the minority concern, Act 959 is valid, enforced, and unrepealed. The Supreme Court has not spoken, and until it does, Act 959 is the law of the land. The OSP’s mandate exists and no High Court ruling, however convenient, can challenge that.”
