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High Court orders AG to take over OSP prosecutions

High Court orders AG to take over OSP prosecutions

The General Jurisdiction Division 10 of the High Court in Accra has ordered the Attorney-General to immediately take over all criminal prosecutions currently being handled by the Office of the Special Prosecutor (OSP), pending formal authorization from the Attorney-General’s office.

In its ruling, the court also declared all ongoing prosecutions initiated by the OSP null and void, effectively halting multiple cases across various courts.

Additionally, the court awarded costs of GH₵15,000 against the OSP.

The decision stems from a case involving four individuals under investigation by the OSP, including Alhaji Seidu of the National Insurance Commission; James Keck Osei, a former director at the Office of the Vice President; and Customs officers John Abban and Peter Archibold Hyde.

The individuals are accused of conspiring to seize containers using forged documents and a falsified letter purportedly from the Office of the Vice President.

Peter Archibold Hyde, one of the accused, filed a judicial review application seeking to quash the OSP’s decision to prosecute.

In delivering the ruling, the judge held that while the OSP has the mandate to investigate suspected corruption-related offences, it does not have the authority to initiate prosecutions without prior authorization from the Attorney-General.

The court therefore ruled that all such prosecutions are void and must be taken over by the Attorney-General.

Meanwhile, the Office of the Special Prosecutor, in a statement, said the ruling conflicts with an earlier decision by the criminal division of the High Court, which had deferred a similar application pending a Supreme Court determination on whether the OSP can independently initiate criminal prosecutions.

The OSP has indicated it will take steps to challenge the ruling.

Source: Citinewsroom

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