Supreme Court dismisses challenge to OSP’s Constitutionality
Accra | 25 July 2024
The Supreme Court has dismissed a lawsuit filed by Editor-in-Chief of the Daily Searchlight Newspaper, Kenneth Kwabena Agyei Kuranchie, challenging the constitutionality of the Office of the Special Prosecutor (OSP).
Previously, Mr. Kuranchie had filed a case against the Attorney General (AG) and the OSP, seeking a Supreme Court ruling to declare the OSP unconstitutional.
In his writ, Mr. Kuranchie argued that the Special Prosecutor Act, 2017 (Act 959) violated several articles of the 1992 Constitution.
The OSP is an anti-corruption agency with police powers and independent prosecutorial authority, established in 2018 to investigate and prosecute specific cases of grand corruption and corruption-related offences involving public officers, politically exposed persons, and private sector individuals. It is also tasked with recovering proceeds of corruption, and to take steps to prevent corruption.
Mr. Kuranchie had filed a similar case against the OSP last year but discontinued it a few months ago before filing a new case recently.
The OSP received a hearing notice last week for the case, for which Mr. Kuranchie had filed a notice of discontinuance.
After reviewing the notice of discontinuance, the 7 member Supreme Court panel presided over by the Chief Justice, G.S. Torkornoo, struck out the writ without liberty to reapply rendering the new case moot.
The Court further stated that the OSP should not be encumbered by such lawsuits and must be allowed to fulfill its mandate.
Source: Citinewsroom.com