OSP Act Declared Constitutional as Supreme Court Dismisses Legal Challenge
#SupremeCourt #SpecialProsecutor #OSP #GhanaLaw #ChannelOneTV
The Supreme Court has unanimously upheld the constitutionality of the Office of the Special Prosecutor Act, 2017 (Act 959), dismissing a constitutional challenge against the law establishing the Office of the Special Prosecutor (OSP).
In its judgment, the Court held that although the Attorney-General is constitutionally mandated under Article 88 of the 1992 Constitution to initiate criminal prosecutions, the OSP lawfully exercises prosecutorial powers under the Attorney-General's constitutional authorisation.
The Court also affirmed that the Attorney-General retains the constitutional authority to discontinue any criminal prosecution undertaken by the OSP through the entry of a nolle prosequi.
The case was brought by Noah Ephraem Tetteh Adamtey, who argued that the OSP Act unlawfully created an independent prosecutorial authority operating in parallel with the Attorney-General.
The Supreme Court said the full reasons for its unanimous decision will be filed at the Court's Registry on August 5.
Watch the full report for the implications of this landmark constitutional ruling.
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