Law lecturer says OSP has strong basis to fight back after High Court setback
By DL News
Published
1 min read
Speaking on JoyNews, Professor Appiagyei-Atua said the OSP is not without options. In his view, one immediate route is an appeal, while another is to anchor its strategy in the related matter already pending before the Supreme Court.
The legal battle over the powers of the Office of the Special Prosecutor may be far from over, with University of Ghana law lecturer Professor Kwadwo Appiagyei-Atua arguing that the anti-corruption body still has a credible path to challenge the recent High Court ruling against it.
His intervention comes after the court decision cast doubt on the OSP’s ability to prosecute criminal matters independently, a ruling that has reignited debate over the scope of the office’s constitutional and statutory mandate.
Speaking on JoyNews, Professor Appiagyei-Atua said the OSP is not without options. In his view, one immediate route is an appeal, while another is to anchor its strategy in the related matter already pending before the Supreme Court.
He suggested that the Supreme Court case may ultimately become the more important battleground, since it could provide a definitive interpretation of the prosecutorial framework under Ghanaian law.
For him, the significance of the issue goes beyond the single High Court ruling. It raises a broader institutional question about whether the OSP can continue to function as an effective anti-corruption body if its prosecutorial role is narrowed.
Professor Appiagyei-Atua also pointed to a possible shift in the OSP’s position regarding the Supreme Court proceedings. Although the office had earlier been prevented from joining that case, he said current developments may now justify a renewed attempt to participate.
His reasoning is that the Attorney-General’s posture in the matter appears insufficiently protective of the OSP’s institutional interests. If that remains the case, he argued, the Special Prosecutor may have solid grounds to ask the court for leave to enter the proceedings and defend its mandate directly.
The effect of his comments is to reinforce the view that the contest over the OSP’s prosecutorial authority is now moving into a more consequential legal phase, one likely to be shaped by appellate review and, potentially, the Supreme Court’s final word.
