The Supreme Court has unanimously affirmed the constitutional authority of the Office of the Special Prosecutor to investigate and prosecute criminal offences falling within its mandate.
In a landmark decision delivered on Wednesday, 29 July, the apex court dismissed a suit challenging the anti-graft agency’s prosecutorial powers, holding that the Office of the Special Prosecutor Act, 2017 (Act 959) is entirely consistent with the 1992 Constitution and remains valid law.
The legal challenge was initiated by private legal practitioner Noah Adamtey, who petitioned the highest court of the land to declare that Parliament acted beyond its constitutional powers by creating an independent anti-corruption body with autonomous prosecutorial powers.
Mr Adamtey argued that Article 88 of the 1992 Constitution exclusively vests prosecutorial authority in the Attorney-General.
He further contended that Parliament could not, through ordinary legislation, confer equivalent powers on another institution without first amending the Constitution.
The Attorney-General aligned with the plaintiff’s stance, maintaining that whilst prosecutorial functions may be delegated, such powers must strictly remain under the supervision and control of the Attorney-General rather than being permanently exercised by an autonomous statutory body.
Setting the legal controversy to rest, the Supreme Court ruled that Parliament acted well within its constitutional authority in establishing the Special Prosecutor as an independent entity under Act 959.
The apex court nevertheless clarified that the Attorney-General retains ultimate constitutional oversight.
Under Article 88, the Attorney-General maintains the power to enter a nolle prosequi and discontinue criminal proceedings initiated by the Special Prosecutor where the law permits.
By: Rainbowradioonline.com/Ghana
