OSP Moves to Challenge High Court Ruling on Control of Criminal Prosecutions

OSP Moves to Challenge High Court Ruling on Control of Criminal Prosecutions

  • The OSP has announced plans to challenge a High Court ruling that ordered the Attorney-General’s Department to take over all criminal prosecutions
  • The court also declared the OSP’s prosecutions void in certain cases and imposed costs of GH¢15,000 on the Special Prosecutor
  • In response, the OSP insistrf the High Court exceeded its jurisdiction and said it will take legal steps to have the decision overturned

The Office of the Special Prosecutor (OSP) has announced plans to challenge a ruling by the High Court which ordered the Attorney-General’s Department to assume control over all criminal prosecutions being handled by the office.

This comes after the court, presided over by Justice John Eugene Nyadu Nyante, declared the OSP’s prosecutions void, affecting cases such as the prosecution of former Finance Minister Ken Ofori-Atta.

Office of the Special Prosecutor, OSP, Kissi Agyebeng, High Court, Attorney General, Dr Dominic Ayine
OSP, led by Kissi Agyebeng, ooves to challenge High Court ruling in favout of the Attorney General. helmed by Dr Dominic Ayine. Photo credit: UGC.
Source: Facebook

Reports suggest the court held that the Special Prosecutor, Kissi Agyebeng, can only prosecute cases with the permission of the Attorney-General and Minister for Justice, Dr Dominic Ayine.

Read also

High Court strips special prosecutor of Prosecutorial Power, orders AG to take over all prosecutions

Justice Nyante made these orders on Wednesday, April 15, 2026, following a lawsuit challenging the prosecutorial powers of the controversial office.

The court also imposed costs of GH¢15,000 against the Special Prosecutor.

OSP’s response to High Court ruling

Responding shortly after the ruling, the OSP expressed its disagreement with the decision.

In a statement, the OSP insisted that the High Court had exceeded its jurisdiction.

The anti-corruption body further stated that it is actively pursuing legal remedies to have the ruling overturned as quickly as possible.

“The OSP states that it is taking steps to quickly overturn the decision of the court of general jurisdiction, since the High Court does not have jurisdiction to, in effect, strike down parts of an Act of Parliament as unconstitutional. Only the Supreme Court can do so,” the statement read.
“The OSP firmly assures the public that all criminal prosecutions it has commenced before the courts, and all criminal prosecutions it is about to commence, remain valid and will proceed based on its mandate under the Office of the Special Prosecutor Act, 2017 (Act 959), which remains valid and in force, as the matter has not been determined by the Supreme Court,” it added.

Read also

High Court dismisses lawsuit after plaintiff is unable to pay filing fees

Read the X post below:

Reactions to OSP’s statement on High Court ruling

The OSP’s statement in response to the High Court ruling has sparked reactions on social media, with many Ghanaians sharing their views.

YEN.com.gh has compiled a few of the reactions below:

@Gonja_dictator said:

"Bro just give up. NDC wont allow you to keep the office no matter the water you have carried for them in the last 14 months. Just accept your faith. They control the courts as Kyiniye papa is in charge. Just accept your faith. Also remember all the evil you have done will start."

@sosoo_samuel also said:

"So you can say all this before? Just give up and stop all this."

@NewmanBrown5 commented:

"We are behind you. Politicians can not always bend the system to their will. Just work in the interest of the masses, we see it all...... just one day!"
Office of the Special Prosecutor, OSP, Kissi Agyebeng, Francis Asare, Wrong accusation
Francis Asare pleads for help after he was wrongly accused by the OSP, led by Kissi Agyebeng. Photo credit: @kissi.agyebeng & @cchecktvgh
Source: UGC

JSS leaver wrongly accused by OSP loses job

Read also

UK cautions Ghanaians and others working illegally in the country, outlines 3 enforcement measures

Meanwhile, YEN.com.gh reported that on July 24, 2024, the Office of the Special Prosecutor published the images and details of some wanted people, and Francis Asare was part of them.

Franis Asare, a Junior High School (JHS) graduate, reported to the Special Prosecutor's office only to find out he had been mistaken for someone else.

He claims employers fired him when they learned he was wanted by the OSP and is now pleading to be compensated so he can be on his feet again.

Source: YEN.com.gh

Authors:
Salifu Bagulube Moro avatar

Salifu Bagulube Moro (Human-Interest Editor) Salifu Bagulube Moro is a Current Affairs Editor at YEN.com.gh. He has over five years of experience in journalism. He graduated from the Ghana Institute of Journalism in 2018, where he obtained a Bachelor’s Degree in Communication Studies with a specialization in Journalism. Salifu previously worked with Opera News as a Content Management Systems (CMS) Editor. He also worked as an Online Reporter for the Ghanatalksbusiness.com news portal, as well as with the Graphic Communications Group Limited as a National Service Person. Salifu joined YEN.com.gh in 2024. Email: salifu.moro@yen.com.gh.