OSP Act Challenge: Supreme Court Must Decide Final Interpretation – Lawyer Abdulai Bandah

Constitutional lawyer Abdulai Bandah has called for restraint and respect for judicial processes as legal debates intensify over the interpretation of the Office of the Special Prosecutor (OSP) Act currently before the courts.

Speaking on the ongoing legal challenge at Kessben TV’s Digest, Lawyer Bandah explained that prosecution witnesses and defence witnesses play completely different roles in court proceedings, stressing that they should not be confused with Amicus Curiae applications.

According to him, every legal matter is determined based on its own merits, adding that Article 2 of the 1992 Constitution of Ghana gives room for constitutional challenges whenever any act is believed to be inconsistent with the Constitution, regardless of the nationality of the person involved.

He noted that the controversy surrounding the OSP Act case centers on who has the legal basis to join the suit in seeking interpretation of the law.

Lawyer Bandah further explained that every jurisdiction has laid down procedures for applying as amicus curiae , a friend of the court, insisting that applicants must clearly state their interest in the matter instead of remaining neutral.

“Whoever applies for amicus curiae must show their stand. They cannot sit on the fence,” he emphasized.

He also argued that the High Court proceeded to rule on the matter because it did not consider the OSP case as one requiring constitutional interpretation by the Supreme Court.

According to him, if the court had considered it a constitutional interpretation matter, the case would have been referred directly to the Supreme Court before any ruling was made.

Lawyer Bandah urged the public to remain patient and allow the Supreme Court to pronounce itself on the matter before drawing conclusions.