In light of the recent High Court ruling, Deputy Attorney General Justice Srem Sai has clarified the position of the Office of the Attorney-General regarding the ongoing prosecutorial mandate of the Office of the Special Prosecutor (OSP).
In a statement, he stated that the court delivered a definitive order requiring the Honourable Attorney-General to take over all cases currently being prosecuted by the OSP.
This transition will remain in place until the OSP obtains the constitutionally required authorisation to conduct these legal proceedings, he said.
The development arose from a specific challenge brought by an accused person, Peter Archibold Hyde.
During his trial, Mr Hyde’s legal team requested that the OSP demonstrate that its officers were formally authorised by the Attorney-General to initiate and conduct his prosecution.
The defence successfully argued that both the Constitution and the OSP Act require the special prosecutor to operate under the explicit authorisation of the Attorney-General.
Upon reviewing the records, the High Court determined that the OSP was unable to provide evidence of this mandate.
In the absence of such authorisation, the court found it necessary to redirect the conduct of these cases to the Attorney-General’s office, he explained.
He stated categorically that the honourable Attorney-General has no intention or capacity to ignore or disobey this judicial directive.
He said the attorney-general’s office views the court’s order with the utmost seriousness and respect for the rule of law.
Consequently, we will begin taking the necessary administrative and legal steps in the coming days to give full effect to the court’s order and ensure the continuity of justice, he added.
By: Rainbowradioonline.com/Ghana