The Supreme Court has ruled that the Office of the Special Prosecutor (OSP) does not have independent powers to initiate prosecutions, with the Attorney-General retaining the authority to discontinue cases. The decision, which was made in response to a constitutional challenge, has been hailed by private legal practitioner Martin Kpebu as a significant safeguard against potential abuse of power by the anti-corruption agency.
OSP's Powers Curbed: Supreme Court Rules in Martin Kpebu's Favour
The Supreme Court's ruling on Wednesday, July 29, has provided much-needed clarity on the constitutional relationship between the Attorney-General and the OSP. According to Mr. Kpebu, the decision confirms that the OSP's prosecutorial powers are exercised on behalf of the Attorney-General. "It's a welcome relief, very timely," he said on Citi FM. "It will help to at least keep Kissi Agyebeng in check for a bit."
The Constitutional Relationship Between the Attorney-General and the OSP
The Constitution vests the power to prosecute criminal cases in the Attorney-General, who also retains the authority to discontinue any prosecution at any stage. The Supreme Court has been very clear that the Office of the Special Prosecutor is under the Attorney-General's office. "The decision is that it's only the Attorney-General who has power to prosecute," Mr. Kpebu stated. "Any other person prosecuting a criminal case is doing it on behalf of the Attorney-General."
A Check Against Potential Abuse of Power
The judgment creates an important constitutional check against any potential abuse of prosecutorial authority by the OSP. Individuals who believe they have been unfairly targeted by the anti-graft agency can now seek redress from the Attorney-General, who has the power to review the case and discontinue proceedings where appropriate. "The Attorney-General will call for the file and look at it and see if your case has merit," Mr. Kpebu said. "The Attorney-General will stop what the OSP is doing. So that's very key. It's a key check."
What This Means for the Anti-Corruption Agency
The Supreme Court's ruling has significant implications for the OSP, which has been criticized for its perceived independence and potential for abuse of power. The decision will likely provide much-needed checks and balances against the agency's actions, ensuring that it operates within the bounds of the law. As Mr. Kpebu noted, the Attorney-General's authority to discontinue prosecutions will provide a much-needed safeguard against any potential abuse of power by the OSP.
Source: Joy Online
