The High Court in Accra has ruled that the Office of the Special Prosecutor does not have the authority to prosecute criminal cases on its own, declaring all such prosecutions void and ordering the Attorney General to take over.
In a decision delivered by Justice John Eugene Nyadu Nyante, the court said that while the Office of the Special Prosecutor has the power to investigate offences, it can only prosecute cases with the permission or authorisation of the Attorney General under Article 88(4) of the 1992 Constitution.
The ruling means that all ongoing criminal cases being handled by the Special Prosecutor across various courts must now be taken over by the Office of the Attorney General.
The decision followed a legal challenge questioning the prosecutorial powers of the Special Prosecutor. The court upheld the challenge and awarded costs of GH¢15,000 against the Office of the Special Prosecutor.
The judgment is expected to have significant implications for the handling of corruption-related prosecutions in Ghana, as the Attorney General moves to assume control of cases previously pursued by the Special Prosecutor.
