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The General Jurisdiction Division 10 of the High Court in Accra has directed the Attorney-General to immediately assume control of all criminal prosecutions currently being handled by the Office of the Special Prosecutor (OSP), pending formal authorization.
In a significant ruling, the court also declared all ongoing prosecutions initiated by the OSP null and void, effectively halting multiple cases across various courts. Additionally, the court awarded costs of GH₵15,000 against the OSP.
The decision arises from a case involving four individuals under investigation by the OSP: Alhaji Seidu of the National Insurance Commission, James Keck Osei, a former director at the Office of the Vice President, and Customs officers John Abban and Peter Archibold Hyde.
The accused persons are alleged to have conspired to unlawfully seize containers using forged documents and a falsified letter purportedly originating from the Office of the Vice President.
Peter Archibold Hyde, one of the accused, filed a judicial review application seeking to quash the OSP’s decision to prosecute him.
Delivering the ruling, the presiding judge held that although the OSP has the legal mandate to investigate suspected corruption-related offences, it does not possess the authority to initiate prosecutions without prior authorization from the Attorney-General. Consequently, the court ruled that all such prosecutions are invalid and must be taken over by the Attorney-General’s office.
Meanwhile, the Office of the Special Prosecutor has expressed disagreement with the ruling. In a statement, the OSP noted that the decision conflicts with an earlier ruling by the Criminal Division of the High Court, which had deferred a similar application pending a determination by the Supreme Court on whether the OSP has the independent authority to initiate criminal prosecutions.
The OSP has indicated its intention to challenge the ruling.