Special Prosecutor’s Motion to Quash High Court Order For AG to Take Over its Cases Stalls
- The Special Prosecutor's motion to quash the Attorney General's takeover of prosecutions faces significant delays and complications
- Failure of service stalled Supreme Court proceedings for the Special Prosecutor's challenge
- The court adjourns to facilitate proper service for the ongoing prosecution hiccup faced by the Special Prosecutor
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The Office of the Special Prosecutor has been derailed in its attempt to quash orders from the Supreme Court for the Attorney General to take over all its criminal prosecutions in the various courts.
Since the filing of its motion at the Supreme Court, the special prosecutor is yet to have its case called and heard on the merits and consequent quashing orders.
Source: Facebook
The Law Platform reported that the challenge owes to the failure of service on the judge at the Court below, Peter Hyde.
Hyde's judgment on April 15 has collapsed the special prosecutor's prosecutions in all courts.
Thus, the special prosecutor continues to be bound by the decision of the High Court.
On May 26, when the case was called, the Director of Prosecutions of the Office of the Special Prosecutor, Dr Isidore Tufour, informed the Court of the challenge by way of non-service and the stumbling block it poses to business in the case.
Isidore also informed the Court of the intention of the office to assist the registry of the Court to ensure service on Hyde.
The Court thus adjourned proceedings sine die to allow for service on Peter Hyde.
Justice Srem-Sai, the Deputy Attorney General, announced that the Attorney-General’s Department will comply with the directive of the High Court to take over all criminal prosecutions currently being handled by the special prosecutor.
Srem-Sai assured that the Attorney-General has no intention of defying the court and will take steps in the coming days to implement the directive.
What the Attorney General about the saga
The Office of the Attorney General backed the lawsuit being challenged, arguing that Parliament overstepped its authority in granting the Office of the Special Prosecutor independent prosecutorial powers.
In an affidavit filed at the Supreme Court on April 8, 2026, in the case of Adamtey v. Attorney General, the state’s legal team argued that the special prosecutor's current operations violated the Constitution.
At the centre of its argument is Article 88, which vests all prosecutorial authority of the Republic solely in the Attorney General.
According to the filing, while the Constitution allows the Attorney General to delegate this power, such delegation can only be made to individuals and not to an institution acting independently.
The Attorney General argued that by enacting the Office of the Special Prosecutor Act, 2017 (Act 959), Parliament effectively transferred key elements of this constitutional power to a separate body without amending the Constitution.
Mike Ocquaye slams special prosecutor
YEN.com.gh reported that Aaron Mike Ocquaye, a former legislator and speaker of Parliament, criticised the special prosecutor over bail conditions imposed on Kpebu.
Professor Mike Oquaye described the bail requirement for landed property as a violation of suspects’ human rights.
The office said Kpebu was arrested after a confrontation at its Accra office, where he allegedly insulted the officers.
Source: YEN.com.gh
