Private legal practitioner Martin Kpebu has stated that the ruling given by the Supreme Court will put the Office of the Special Prosecutor (OSP) in check.
“It’s a welcome relief, very timely. It will help to at least keep Kissi Agyebeng in check for a bit,” he said.
The Apex Court has determined that the Attorney General’s Office holds the power to terminate cases that were initiated by the OSP. The court’s ruling comes in response to a constitutional challenge brought forth by private legal practitioner Noah Adamtey.
The Supreme Court unanimously affirmed the validity of the Office of the Special Prosecutor Act, 2017 (Act 959), but concluded that the Attorney-General has the constitutional jurisdiction under Article 88 of the 1992 Constitution to stop proceedings started by the OSP.
Based on Article 88 of the constitution, which states that only the Attorney General has such jurisdiction, Adamtey said in his writ that parliament could not confer prosecutorial powers on the OSP.
Even in situations when the Special Prosecutor has taken the lead, the court maintained the Attorney-General’s constitutional authority to end proceedings, meanwhile it admitted that the OSP Act is valid.
Martin Kpebu has emphasized that the court’s ruling has established distinct boundaries between the Attorney General and the OSP, indicating that although the OSP has prosecutorial authority, it executes such responsibilities on behalf of the Attorney General.
He believes the Attorney General now has two constitutional mandates; to initiate criminal prosecutions and has the power to also cancel them if necessary.
He sees the judgment as a chance for individuals who feel they have been unfairly targeted by the OSP to seek a proper channel to register their displeasure.
“The implication of the Supreme Court ruling is clear: if the OSP mistreats or abuses you, your next step is to report it to the Attorney-General,” he stated.
