The Minority in Parliament has asserted that the authority and mandate of the Office of the Special Prosecutor (OSP) remain fully operational and legally valid until the Supreme Court delivers a definitive ruling on the matter.
Addressing journalists on Tuesday, 21 April 2026, Hassan Tampuli—Member of Parliament for Gushegu and Deputy Ranking Member on the Constitutional and Legal Affairs Committee—argued that the High Court lacks the requisite jurisdiction to nullify an Act of Parliament on constitutional grounds.
These remarks follow a recent High Court directive ordering the Attorney-General’s Department to assume control of all criminal prosecutions currently managed by the OSP, pending formal authorisation.
Mr Tampuli maintains that the legislation establishing the OSP, Act 959, remains in force and provides the necessary legal foundation for the institution’s continued operations.
“A High Court cannot, through any procedural vehicle quo warranto or otherwise, effectively nullify the provisions of an Act of Parliament on constitutional grounds. That jurisdiction lies solely with the Supreme Court,” he noted.
He further emphasised that no lower court decision can be interpreted as suspending or striking down a law before the Supreme Court makes a formal pronouncement. According to the Minority, the High Court’s directive for the Attorney-General to take over the OSP’s caseload raises significant constitutional concerns and exceeds the court’s judicial boundaries.
“As far as we are concerned, Act 959 remains valid, in force, and unrepealed. The Supreme Court has not spoken. Until it does, Act 959 is the law of the land; the OSP’s mandate subsists,” he said.
Mr Tampuli concluded by referencing Article 130(1) of the Constitution, which vests exclusive original jurisdiction in the Supreme Court for all matters regarding constitutional enforcement or interpretation.
“On the constitutional priority of the ruling itself, the minority stands firm. Article 130(1) of the Constitution vests exclusive original jurisdiction in the Supreme Court in all matters relating to the enforcement or the interpretation of the Constitution,” Tampuli said. “A High Court cannot, through any procedural vehicle, quo warranto or otherwise, effectively nullify the provisions of an Act of Parliament on constitutional grounds.
That is not the jurisdiction of the High Court. It is within the province of the Supreme Court, and no other agency can share it with the Supreme Court,” he stated.
By: Rainbowradioonline.com/Ghana
