Private legal practitioner, Ohene Amankwaa Gyan, has clarified that the recent court ruling affecting the prosecutorial powers of the Office of the Special Prosecutor (OSP) does not amount to the dissolution of the institution.
Speaking on Kessben TV’s Digest, the lawyer emphasized that the OSP remains a valid state institution established by an Act of Parliament, and therefore cannot be dissolved by a court ruling targeting only a portion of its mandate.
“I don’t think the ruling has dissolved the OSP because it was established by an Act of Parliament,” he stated.
According to him, the OSP’s responsibilities go beyond prosecution, noting that the office is also mandated to investigate corruption and corruption-related offences, as well as trace and recover illicit assets.
He described the asset tracing function as particularly significant, stressing that it plays a critical role in Ghana’s anti-corruption framework.
“We spend huge sums of money maintaining the office, so it would be baseless if it can investigate but not prosecute,” he argued.
Mr. Amankwaa Gyan further explained that the establishment of the OSP was partly to address challenges associated with prosecutorial independence, especially in situations where the Attorney General may find it difficult to prosecute fellow government appointees.
Touching on the legal framework, he noted that Article 88(3) of the 1992 Constitution remains a standalone provision that preserves the Attorney General’s prosecutorial authority.
He, however, questioned the High Court’s decision not to suspend its ruling, particularly as the matter is already before the Supreme Court.
“I think the High Court should have suspended its decision since the case is already at the Supreme Court,” he said.
He added that the OSP has legal options moving forward, including appealing the ruling at the appellate court or awaiting the for final determination of the Supreme Court.
The development continues to spark debate over the scope of the OSP’s powers and its role in Ghana’s fight against corruption.
