Supreme Court rejects OSP’s bid to join lawsuit challenging its powers
By DL News
Published
Updated
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In a unanimous decision, the court said the OSP is not a necessary party to the suit brought by private citizen and legal scholar Noah Ephraem Tetteh Adamtey.
The Supreme Court has rejected an attempt by the Office of the Special Prosecutor (OSP) to join a constitutional case that could undermine key parts of the law that created the office.
In a unanimous decision, the court said the OSP is not a necessary party to the suit brought by private citizen and legal scholar Noah Ephraem Tetteh Adamtey. The judges held that the issues raised can be determined fully between Mr Adamtey and the Attorney-General, without the OSP taking part directly.
Mr Adamtey’s action challenges the constitutionality of aspects of the Office of the Special Prosecutor Act, 2017 (Act 959). In particular, it targets Sections 4 and 33 — provisions tied to the OSP’s independent mandate and its authority to search for and seize suspected “tainted property”.
The OSP, represented by its Director of Prosecutions Dr Isidore Tufuor, argued that the office should be allowed into the proceedings because the reliefs sought go to the heart of its powers.
He told the court that even if the suit is framed as one against the state, it effectively questions the legality of the authority exercised by the OSP.
Deputy Attorney-General Dr Justice Srem-Sai argued against the OSP joining the case, saying the office — as a statutory creation — does not have an independent proprietary interest in defending the law that established it.
He maintained that it is for the state, through the Attorney-General, to answer questions about the constitutionality of legislation passed by Parliament.
Mr Adamtey supported that view, contending that the OSP had misunderstood its place in the litigation and lacked the kind of private interest required to be joined as a party.
The outcome leaves the Attorney-General as the sole respondent defending the OSP’s legal foundations and independence in this particular case.
The decision also lands at a delicate moment for the OSP, which is handling a number of major matters, including proceedings involving former Finance Minister Ken Ofori-Atta.
