Several cases being handled by the Office of the Special Prosecutor have stalled following a High Court decision that questioned the office’s authority to independently prosecute criminal matters.
Within the past week alone, at least three cases have been adjourned as a direct consequence of the ruling, which held that the OSP requires prior authorisation from the Attorney General before initiating prosecutions.
Among the affected cases is the trial involving former Chief Executive of the National Petroleum Authority, Mustapha Abdul Hamid, who, together with others, faces allegations of extorting more than GH¢291 million and $323,407.47 from oil marketing companies.
Also impacted is the case against former Public Procurement Authority boss, Adjenim Boateng Adjei, as well as proceedings involving former Finance Minister Ken Ofori-Atta and others over the Strategic Mobilisation Limited contract, where they are accused of causing financial loss exceeding GH¢1.4 billion.
Lawyers for the defence in all three matters invoked the court’s ruling in an attempt to halt the prosecutions. However, counsel for the OSP informed the courts that a stay of execution had been filed, leading judges to adjourn proceedings pending further determination.
The legal uncertainty stems from an April 15 ruling by the High Court in Accra, presided over by Justice John Eugene Nyadu Nyante, which declared the prosecutorial powers of the OSP invalid without the involvement of the Attorney General.
The court held that under Article 88 of the 1992 Constitution, prosecutorial authority rests with the Attorney General, and that the OSP must act in accordance with that provision.
The decision has created uncertainty around ongoing corruption related prosecutions being pursued by the anti graft body.
In response, the OSP has strongly opposed the ruling and has taken steps to challenge it, maintaining that it will continue to pursue cases already before the courts while the legal issues are being resolved.
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