The Supreme Court has upheld the constitutionality of the Office of the Special Prosecutor Act, 2017 (Act 959), ruling that Sections 3 and 4 of the Act are not inconsistent with, or in contravention of, the 1992 Constitution.
In a judgment delivered today, the apex court rejected the contention by Legal Officer Mr. Noah E. Adamtey that the two provisions were unconstitutional and therefore void. The Court held that Sections 3 and 4 of Act 959 are valid and consistent with the Constitution.
However, the Supreme Court clarified that the Attorney-General (A-G) retains exclusive constitutional responsibility for prosecutions in the name of the Republic. It held that any person other than the A-G who undertakes a prosecution does so only under the authority of the A-G.
The Court further ruled that the Office of the Special Prosecutor (OSP) operates under an authorisation granted by the A-G, in accordance with law, to initiate and conduct prosecutions. According to the Court, that authorisation remains valid until it is amended.
The Supreme Court also affirmed the A-G’s power to enter a nolle prosequi, effectively discontinuing criminal proceedings, in matters initiated by the OSP.
The Court, however, maintained that prosecutions, convictions and freezing orders made under Section 71 of Act 959 remain valid. It stressed that the judgment does not invalidate the authority of prosecutors who have been duly authorised by the A-G.
The ruling therefore preserves the constitutional framework of the OSP while clarifying the relationship between the Special Prosecutor’s prosecutorial powers and the constitutional authority of the Attorney-General.
Story by Freedom Etsey Lavoe
