Private legal practitioner Martin Kpebu says the Supreme Court’s ruling affirming the Attorney-General’s authority to discontinue prosecutions initiated by the Office of the Special Prosecutor (OSP) will serve as an important check on the anti-graft agency.
Speaking after the apex court’s decision on Eyewitness News Citi FM on Wednesday, July 29, Kpebu described the judgment as a “welcome relief,” saying it clarifies the constitutional relationship between the Attorney-General and the OSP.
“It’s a welcome relief, very timely. It will help to at least keep Kissi Agyebeng in check for a bit,” he said.
The Supreme Court unanimously upheld the constitutionality of the Office of the Special Prosecutor Act, 2017 (Act 959), but ruled that the Attorney-General retains the constitutional power under Article 88 of the 1992 Constitution to discontinue prosecutions initiated by the OSP.
According to Kpebu, the ruling makes it clear that while the OSP has prosecutorial powers, those powers are ultimately exercised on behalf of the Attorney-General.
“The Supreme Court has been very clear that the Office of the Special Prosecutor is under the Attorney-General’s office. The decision is that it’s only the Attorney-General who has power to prosecute. Any other person prosecuting a criminal case is doing it on behalf of the Attorney-General,” he explained.
He said the judgment confirms that the Attorney-General has two key constitutional powers: the authority to initiate criminal prosecutions and the power to discontinue them at any stage.
Kpebu believes this constitutional arrangement provides an important safeguard against potential abuse of prosecutorial authority by the OSP.
According to him, the ruling now provides a clear avenue for individuals who believe they have been unfairly targeted by the OSP.
“The meaning of the Supreme Court decision now is that if the OSP misbehaves towards you or abuses you, you report to the Attorney-General,” he said.
He explained that under the ruling, the Attorney-General can request the case file, review the merits of the prosecution and, where appropriate, discontinue the case.
“The Attorney-General will call for the file and look at it and see if your case has merit. The Attorney-General will stop what the OSP is doing. So that’s very key. It’s a key check,” Kpebu stated.
The Supreme Court’s decision followed a constitutional challenge filed by private legal practitioner Noah Adamtey, who argued that Parliament could not grant the OSP independent prosecutorial powers because Article 88 of the Constitution vests such authority solely in the Attorney-General.
While the court upheld the constitutionality of the OSP Act, it ruled that the Attorney-General’s constitutional power to discontinue prosecutions remains intact, even in cases initiated by the Special Prosecutor.
Source:Fiilafmonline/CitiNews
