Accra: The Supreme Court has indefinitely adjourned an application filed by the Office of the Special Prosecutor (OSP) seeking to overturn a High Court ruling that restricted its prosecutorial powers. The OSP is contesting a decision by the High Court, which directed it to transfer all ongoing criminal cases to the Attorney General and to obtain approval from the Attorney General before initiating prosecutions.
According to Ghana Web, the ruling was delivered on April 15, 2026, by Justice Eugene Nyantei Nyadu after Peter Archibald Hyde, an accused in the rice scandal case, questioned the OSP's authority to prosecute the matter. The court held that while the OSP has the legal mandate to investigate corruption and related offences, it cannot independently commence prosecutions without prior authorisation from the Attorney General.
The decision has impacted several high-profile cases handled by the OSP, including those involving SML Company Ltd, former National Petroleum Authority Chief Executive Mustapha Abdul-Hamid, and former presidential staffer Charles Bissue. On May 26, 2026, Isidore Tufuor, the Director of Prosecutions at the OSP, explained that the adjournment was due to challenges in serving court processes on the interested parties. He noted that some accused individuals have been avoiding service, complicating the continuation of court proceedings.
It is recalled that a High Court previously ruled that the OSP does not have independent authority to prosecute criminal cases, directing all matters initiated by the anti-corruption body to be referred to the Attorney General's Department. Presiding Judge John Eugene Nyadu Nyante reaffirmed that although the OSP is empowered to investigate corruption-related offences, it lacks the constitutional mandate to independently initiate prosecutions, based on Article 88 of the 1992 Constitution, which vests prosecutorial authority in the Attorney General.