The Minority in Parliament says the Office of the Special Prosecutor (OSP) can continue to prosecute corruption-related cases under Act 959, despite a ruling by the Accra High Court suggesting otherwise.
The court ruled that the OSP does not have independent prosecutorial powers and must refer all cases it initiates to the Attorney-General’s Department. The decision has sparked strong disagreement from the Minority.
The ruling followed an application for quo warranto filed by Peter Achibold Hyde, who challenged the legal authority of the OSP to undertake prosecutions.
Addressing a press conference on Tuesday, April 21, MP for Gushegu and Ranking Member on Parliament’s Legal Affairs Committee, Hassan Tampuli, rejected the implications of the ruling, maintaining that the legal framework establishing the OSP remains intact and enforceable.
He argued that the High Court had overstepped its constitutional boundaries, stressing that only the Supreme Court has jurisdiction to interpret the Constitution or determine the validity of Acts of Parliament.
Mr Tampuli reaffirmed the Minority’s position, stating that Article 130 of the 1992 Constitution vests exclusive original jurisdiction in the Supreme Court in matters relating to the enforcement and interpretation of the Constitution.
He further contended that the High Court lacks the authority to invalidate legislation, adding that it cannot, through any procedural process, nullify provisions of an Act of Parliament on constitutional grounds.
Raising concerns about the implications of the ruling, he cautioned against what he described as judicial overreach, insisting that such matters fall strictly within the jurisdiction of the Supreme Court.
Touching on the OSP’s response to the judgment, he noted that the Office had also maintained that the High Court does not have jurisdiction to strike down parts of an Act of Parliament as unconstitutional.
Reinforcing the Minority’s position on the continued validity of the law, Mr Tampuli stated that Act 959 remains valid, enforceable and unrepealed.
He stressed that the law remains in force until the Supreme Court rules otherwise, adding that the OSP’s mandate subsists.
The Minority maintains that the Office of the Special Prosecutor Act, 2017 (Act 959), remains operational unless and until the Supreme Court determines otherwise.
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