Former Speaker of Parliament, Prof. Elon Mike Quaye, has called for a definitive interpretation by the Supreme Court regarding the prosecutorial powers of the Office of the Special Prosecutor (OSP), following a recent High Court ruling on the matter.
Reacting to the court’s decision, Prof. Quaye indicated that concerns about the Attorney General’s exclusive prosecutorial authority have long been raised by various stakeholders.
He noted that apprehensions persist over whether the Attorney General may decline to prosecute members of the government, potentially undermining accountability.
“Some of us, from the beginning, made these remarks,” he said, emphasizing that the issue is not new but has remained unresolved over time.
Prof. Quaye explained that the ongoing debate centers on whether the constitutional mandate granting the Attorney General sole prosecutorial authority can coexist with the functions of the Office of the Special Prosecutor, an independent body established to tackle corruption.
He stressed the need for legal clarity, expressing confidence that the matter will ultimately be settled by the Supreme Court.
“This is something that must be finally resolved. I trust that it will go finally to the Supreme Court. Then we shall know for sure the constitutional provisions we give the Attorney General as the sole [prosecutor] exist with another organization,” he stated.
The controversy follows a High Court ruling that has reignited discussions about the scope and limits of the OSP’s prosecutorial authority, particularly in relation to the constitutional powers vested in the Attorney General.
Legal analysts say the issue raises fundamental questions about constitutional interpretation, separation of powers, and the independence of anti-corruption institutions in Ghana.
As calls grow for a conclusive legal determination, attention is now turning to the Supreme Court, whose potential ruling could redefine the balance of prosecutorial authority between the Attorney General and the Office of the Special Prosecutor.
Source: www.kumasimail.com
