Accra: In a fresh open letter, former Attorney-General and Special Prosecutor, Martin Amidu, asserts that the Supreme Court's judgment on the Office of the Special Prosecutor (OSP) did not strip away the independent prosecutorial powers that Parliament had granted under Act 959.
According to Ghana Web, the core of Amidu's argument revolves around the Attorney-General's power to enter a nolle prosequi, allowing for the discontinuation of a prosecution. Amidu emphasized that Parliament had already amended the law to establish the Special Prosecutor as a separate prosecuting authority in cases related to corruption. He highlighted Section 80 of Act 959, which modified provisions of the Economic and Organised Crime Office Act and the Criminal and Other Offences (Procedure) Act.
The amendment included inserting 'or Special Prosecutor' after 'Attorney-General' in relevant sections concerning prosecution, and it mandated the Special Prosecutor to provide reasons when entering a nolle prosequi. Amidu asserted that Parliament held the constitutional authority to enact these changes.
He further explained, "The powers of the Attorney-General under sections 54 and 55 of Act 30 are codifications of the common law prosecutorial discretion of the Attorney-General which are not subject to review by the courts." However, he noted that Parliament retained the power to amend or modify these through legislation, as demonstrated under section 80 of Act 959.
Amidu contended that the general constitutional powers of the Attorney-General should not be used to override the specific powers that Parliament granted to the Special Prosecutor under Act 959. He had previously cautioned that declaring Section 80(2) of Act 959 unconstitutional would undermine critical aspects of the OSP's independent prosecutorial powers.
After reviewing the Supreme Court's judgment, Amidu concluded that this scenario did not transpire. He argues that the Court's decision did not place the OSP under the Attorney-General's unrestricted control, but rather preserved the legal framework established by Parliament for the OSP.