Former Director of the Ghana School of Law, Kwaku Ansa-Asare, has supported a recent ruling by the Accra High Court which held that the Office of the Special Prosecutor (OSP) does not have independent authority to prosecute criminal cases.
Speaking on JoyNews’ The Pulse, he said the judgment is consistent with the 1992 Constitution, which vests prosecutorial powers solely in the Attorney-General.
“I am not surprised at all. The truth of the matter is that under the 1992 Constitution, prosecutorial power resides in the Attorney General and no other body or entity,” he stated.
The ruling, delivered on Wednesday by Justice John Eugene Nyadu Nyante, found that while the OSP has the mandate to investigate corruption-related offences, it does not have the constitutional authority to independently initiate prosecutions.
The court further directed that cases initiated by the OSP should be handed over to the Attorney-General’s Department. The decision has created uncertainty over ongoing cases handled by the anti-corruption body, which now appear to be on hold pending further legal clarification.
Mr Ansa-Asare maintained that investigative bodies such as the police and other agencies act only as agents of the state and cannot exercise prosecutorial powers independently of the Attorney-General.
He stressed that under Article 88 of the Constitution, the Attorney-General remains the ultimate authority in all prosecutions.
“It is the Attorney General in whom resides the authority to prosecute. It doesn’t reside in the Office of the Special Prosecutor,” he said.
While acknowledging the importance of the Office of the Special Prosecutor in fighting corruption, he noted that any prosecutorial powers it exercises are ultimately derived from the Attorney-General and remain subject to that office.
“The OSP might derive some of its authority from the Attorney-General, just as the Director of Public Prosecutions operates under the Attorney-General. It does not make the DPP superior to the AG,” he added.