The court has rejected an application by the Office of the Special Prosecutor (OSP) seeking to join a constitutional suit challenging its powers, marking a notable development in the ongoing debate over the anti-graft body’s mandate.
The suit, filed by private citizen and lawyer Noah Adam, questions the legality of the powers conferred on the OSP under the Office of the Special Prosecutor Act, 2017 (Act 959). The OSP, represented by Dr. Isidor Ofori, had argued that the relief sought in the case directly affects the office, particularly Sections 4 and 33, which define its mandate and prosecutorial powers.
However, the deputy attorney general, Dr. Justice Srem-Sai, countered that the OSP has no independent interest in the matter, stressing that Parliament, as the creator of the office, is responsible for defending the constitutionality of the law.
In its ruling, the court held that the OSP is not a necessary party to the suit and refused the application to join the case. Legal analysts suggest the decision could shape how the OSP engages with constitutional challenges in the future, particularly when questions arise about its statutory authority and prosecutorial mandate.
The ruling underscores the ongoing legal scrutiny of the OSP’s role in Ghana’s anti-corruption framework.