Ghana’s Supreme Court has ruled that the Office of the Special Prosecutor (OSP) does not have the constitutional authority to independently initiate criminal prosecutions, affirming that prosecutorial powers remain vested in the Attorney-General under Article 88 of the 1992 Constitution.

In its decision, the apex court held that the OSP’s prosecutorial functions do not violate the Constitution because they are exercised under authority delegated by the Attorney-General through the Office of the Special Prosecutor Regulations, 2018 (L.I. 2374).

The court explained that the Legislative Instrument provides the legal basis for the Attorney-General to delegate prosecutorial authority to the OSP, allowing the anti-corruption body to prosecute corruption and corruption-related offences.

However, the justices noted that while the OSP can investigate and prosecute cases under the delegated authority, the Attorney-General retains the constitutional power to discontinue any prosecution initiated by the OSP by entering a nolle prosequi.
The court further observed that although the existing Legislative Instrument should remain in force until Parliament amends the law, it does not confer an independent constitutional mandate on the OSP to commence prosecutions on its own.

Delivering the judgment, Presiding Judge Justice John Nyadu Nyante emphasized that the OSP is fully empowered to investigate corruption-related offences but lacks the constitutional authority to independently initiate criminal prosecutions without the Attorney-General’s delegated authority.
The ruling clarifies the constitutional relationship between the Attorney-General and the Office of the Special Prosecutor, reinforcing the Attorney-General’s exclusive prosecutorial powers while preserving the OSP’s role in fighting corruption through delegated authority.

The Member of Parliament for Amenfi Central, Hon. Joana Gyan Cudjoe, has lauded the Minister for Finance, Dr. Cassiel Ato Forson, describing his latest address as an inspiring and forward-looking statement that reinforces the government’s commitment to transforming Ghana’s economy.

According to the MP, the Finance Minister’s remarks demonstrated strong leadership, fiscal responsibility, and a clear roadmap for sustainable economic development, giving renewed confidence in the country’s economic future.
“It has been a great day. The inspiring statement delivered by the Hon. Finance Minister gives renewed hope and confidence in the government’s economic agenda. His vision and commitment to fiscal discipline, development, and inclusive growth deserve commendation,” Hon. Joana Gyan Cudjoe stated.

The legislator said the Minister’s address reflected a bold vision aimed at restoring economic stability, strengthening public finances, and creating opportunities that will improve the livelihoods of Ghanaians.
Hon. Joana Gyan Cudjoe further noted that the statement has renewed optimism among citizens and underscores the government’s determination to pursue policies that promote inclusive growth and long-term national development.

Reaffirming her unwavering support for the government’s economic agenda, the Amenfi Central MP expressed confidence that sound leadership, collaboration, and sustained reforms will place Ghana on a path of meaningful and sustainable economic progress.
She also called on all stakeholders to support initiatives aimed at strengthening the economy, stressing that collective effort is key to delivering lasting benefits for all Ghanaians.

A constitutional lawyer, Ben Abdallah Banda, has clarified that the parliamentary seat of the Member of Parliament for Asante Akyem North, Ohene Kwame Frimpong cannot be declared vacant simply because of his arrest or prolonged absence from Parliament.

Speaking in a Zoom interview on Kessben TV’s Digest program, Mr. Banda said Article 97 of Ghana’s 1992 Constitution clearly sets out the conditions under which an MP can lose a seat.

According to him, a parliamentary seat may only become vacant if the MP is convicted of an offence that disqualifies them from serving, resigns from office, or is absent from Parliament for 15 sitting days without the Speaker’s permission and without a reasonable explanation.

He emphasized that even in cases of absenteeism, the Constitution requires due process. An MP who misses 15 sittings must first be referred to Parliament’s Privileges Committee, where they are given the opportunity to explain the absence before any recommendation can be made to the House.
Mr. Banda noted that although the Asante Akyem North MP has reportedly missed more than 15 sittings following his arrest, Parliament cannot automatically declare the seat vacant because the constitutional process has not yet been exhausted.

He added that the MP’s detention presents a unique challenge, making it difficult for him to appear before the Privileges Committee to account for his absence.
The constitutional lawyer further argued that the High Court has the exclusive authority to determine whether the parliamentary seat has become vacant. He added that where constitutional interpretation is required, the matter may ultimately be referred to the Supreme Court for a final determination.

The spokesperson to NPP Ashanti Regional Chairman, Dr. Palgrave Boakye Danquah, has said that, Bernard Antwi Boasiako’s health and well-being have become the immediate priority over his bid to contest the party’s national chairmanship race due to his improvement.

Speaking on developments surrounding Wontumi’s prison sentence on Kessben Maakye show in Accra, Dr. Boakye Danquah disclosed that the NPP stalwart has spent eight days in Nsawam Prison, describing the experience as emotionally difficult for his family and supporters.

According to him, Wontumi is currently battling three major court cases, including the Samleboi consession, Nimiri Forest and Exim Bank matters, adding that the legal team has been in court continuously since the NPP lost political power.

He praised lawyer Appiah-Kubi for his commitment to Wontumi’s defence and explained that the legal team had expected to secure a favourable outcome in court, but events unfolded differently.

The spokesperson further revealed that lawyer Atta Akyea had earlier sought an adjournment because he was out of the country and had also petitioned the Supreme Court for an interpretation of a constitutional provision, with a response still pending.
He claimed that after the court dismissed their applications and they observed the heavy presence of security personnel, they sensed the proceedings were unlikely to go in Wontumi’s favour.

Describing his emotional state after the hearing, Dr. Boakye Danquah said he left the courtroom in tears and sorrow .

He thanked the NPP leadership for standing by Wontumi, noting that several senior party officials had visited and encouraged him in prison.
On Wontumi’s political future, he maintained that the chairman’s well-being now takes precedence over his campaign, stating that the chairmanship bid has been suspended for the time being. He also argued that the party’s declaration of Wontumi as a political prisoner would insulate his eligibility under the NPP constitution.

The comments come as legal proceedings involving Chairman Wontumi continue to attract significant public and political attention.

By Maurice Otoo