Private legal practitioner Richard Nii Armah has cautioned that if the High Court ruling regarding the Office of the Special Prosecutor (OSP) is enforced as directed, it could trigger a flood of compensation claims and unprecedented judgement debt payments.
He explained that the court’s directive effectively renders all past prosecutions, ongoing cases, and other actions taken by the OSP null and void.
According to Mr Armah, this legal invalidation provides affected individuals with the opportunity to sue the state, potentially making demands that could leave Ghana financially crippled.
On Wednesday, 15 April 2026, an Accra High Court ordered the Attorney-General’s Department to immediately assume control of all criminal prosecutions currently managed by the OSP, pending formal authorisation from the attorney-general.
Commenting on the matter, the lawyer argued that, in practical terms, the OSP has lost control over its entire portfolio of ongoing criminal cases.
Furthermore, although the court instructed the attorney-general’s office to take over these proceedings, Mr Armah noted that the department may lack a valid legal basis to do so if the original prosecutions are considered fundamentally flawed.
The basis for this position is that the court’s declaration of OSP prosecutions as “null and void” suggests these cases are not merely paused but have been legally invalidated in their current form. This carries serious implications, as it implies the cases possess no underlying legal foundation.
Mr Armah warned that without careful management, Ghana faces the risk of paying monumental judgement debts that could necessitate another bailout from the International Monetary Fund.
Speaking in an interview on Nyankonton Mu Nsem on Rainbow Radio 87.5FM, he emphasised the gravity of the situation.
“I have to categorically state, if we are to enforce the directive of the court, then we’re in for serious trouble. It also means that if the OSP prosecuted a case which led to the imprisonment of people, they would have to be released and compensated. Additionally, all those who are being prosecuted, investigated, and interrogated by the OSP are entitled to compensation.”
The legal practitioner also questioned why the OSP is being required to seek specific authorisation from the Attorney-General’s office when other bodies—such as the police, Immigration Service, Ghana Revenue Authority, and EOCO—retain the liberty to prosecute individuals without such hurdles.
He argued that if the nation is truly committed to the fight against corruption, the government must be pressured to amend Article 88 through a referendum.
This would separate the Office of the Attorney General from the Ministry of Justice, ensuring the appointment of a non-political figure as Attorney General while politicians manage the Ministry of Justice.
By: Rainbowradioonline.com/Ghana
