The Minority in Parliament has reaffirmed that the legal mandate of the Office of the Special Prosecutor (OSP) remains fully in force, despite a recent High Court ruling affecting its prosecutorial role.
This comes after the High Court directed the Attorney-General’s Department to assume control of all ongoing criminal prosecutions being handled by the OSP, citing the need for proper authorisation.
Speaking to the media on Tuesday, April 21, Member of Parliament for Gushegu and Deputy Ranking Member on Parliament’s Constitutional and Legal Affairs Committee, Hassan Tampuli, argued that the High Court does not have the jurisdiction to invalidate an Act of Parliament on constitutional grounds.
He explained that only the Supreme Court of Ghana has the authority to interpret the Constitution in a way that could nullify legislation passed by Parliament.
According to him, the law establishing the OSP, Office of the Special Prosecutor Act, 2017 (Act 959), remains valid and continues to provide the legal backing for the institution’s operations.
Mr Tampuli emphasized that until the Supreme Court delivers a final ruling on the matter, decisions by lower courts cannot be considered as having overturned or suspended the law.
He maintained that Act 959 is still binding, and the OSP retains its полном mandate to operate within the framework of the law.