High Court Lacks Authority to Strip OSP of Powers – Legal Experts Clarify

Legal experts have clarified that the High Court does not have the constitutional authority to strip the Office of the Special Prosecutor (OSP) of its powers, amid growing public debate over recent judicial decisions involving the anti-corruption body.

The clarification comes in response to interpretations of ongoing legal proceedings that some observers claim could limit or override the mandate of the OSP. However, constitutional lawyers insist that such claims are legally misplaced.

According to them, the powers of the OSP are derived directly from statute and the Constitution, making it impossible for a lower court, including the High Court, to unilaterally curtail or remove those powers.

“The High Court can interpret the law and review specific actions taken by the OSP, but it does not have the jurisdiction to strip the Office itself of its legally established mandate,” a legal analyst explained.

The Office of the Special Prosecutor, established under the Office of the Special Prosecutor Act, 2017 (Act 959), is mandated to investigate and prosecute corruption and corruption-related offences, particularly those involving public officials.

Legal practitioners note that while the High Court has supervisory jurisdiction and can intervene in cases of procedural breaches or rights violations, any attempt to alter or remove the core powers of the OSP would require legislative amendment or a decision from a higher court with constitutional authority, such as the Supreme Court.

The ongoing discussions stem from a case in which the High Court is being asked to review certain actions taken by the OSP. Some sections of the public have misconstrued this as a challenge to the Office’s existence or authority.

Observers say the situation underscores the need for clearer public understanding of Ghana’s judicial hierarchy and the limits of court powers.

Meanwhile, anti-corruption advocates have urged all stakeholders to allow due process to take its course, emphasizing the importance of preserving the independence and effectiveness of institutions like the OSP in the fight against corruption.

As the matter unfolds, legal experts maintain that the High Court’s role remains one of oversight—not one that extends to dismantling statutory institutions or stripping them of their foundational powers.