The Minority Caucus in Parliament has cautioned against what it describes as an attempt to “operationally paralyze” the Office of the Special Prosecutor (OSP) following a recent High Court ruling.
Speaking to the press, Alhassan Tampuli Sulemana, Member of Parliament for Gushegu and Deputy Ranking Member on the Constitutional, Legal and Parliamentary Affairs Committee, strongly opposed the decision, which questions the OSP’s independent prosecutorial authority.
Hon. Sulemana challenged the legal basis of the ruling, which directs the Attorney General’s Department to take over cases initiated by the OSP. He argued that the decision is inappropriate, particularly as similar matters are currently before the Supreme Court of Ghana. He described the move as a “judicial rascality,” stressing that a lower court should not interfere in issues pending before the country’s highest court.
The Minority reaffirmed that Act 959, which established the OSP, remains valid and enforceable. According to the Caucus, the office must not be intimidated or restricted by rulings that appear to contradict the intent of Parliament to create an independent anti-corruption institution. “The Office of the Special Prosecutor was established by an Act of Parliament to fight corruption independently,” Hon. Sulemana stated. “Any attempt to subordinate its prosecutorial functions to the Attorney General undermines its purpose.”
The Caucus called on the Chief Justice to fast-track the case of Adamte v. Attorney General to provide clear legal direction on the constitutionality and autonomy of the OSP.
To safeguard the institution, the Minority outlined the following steps:
Legal Action: The OSP should seek a stay of execution and file a writ of certiorari to overturn the High Court ruling.
Parliamentary Oversight: The Caucus plans to summon the Attorney General to explain the government’s legal position, which they claim has been inconsistent in court.
The Minority concluded by reaffirming its support for the OSP, insisting that all ongoing prosecutions should continue uninterrupted. They emphasized that the office derives its authority directly from the people through Parliament and must operate without interference.
