Accra: The Supreme Court has dismissed an application that sought to include the Office of the Special Prosecutor (OSP) in a constitutional lawsuit challenging certain aspects of its powers under the law. The lawsuit was initiated by private legal practitioner Noah Adamptey, who is questioning the legality of Parliament's decision to establish the OSP under the Office of the Special Prosecutor Act, 2017 (Act 959).
According to Ghana Web, lawyers for the OSP, led by Dr. Isidore Tufuor, contended that the reliefs being sought in the case directly impact the Office's statutory mandate. Dr. Tufuor argued that the suit raises constitutional questions, particularly concerning Sections 4 and 33 of Act 959, and clarified that while the action does not dispute the existence of the OSP, it questions specific powers granted to the Office by law.
Dr. Tufuor maintained that the OSP's inclusion in the suit was necessary for the court to effectively determine the issues presented. However, the Deputy Attorney-General, Dr. Justice Srem-Sai, opposed the application, asserting that the OSP has no direct interest in the matter. He argued that since the OSP was established by an Act of Parliament, any constitutional challenge to its legal framework must be defended by the state through the Attorney-General.
The report noted that Dr. Srem-Sai further emphasized that the OSP does not stand to gain or lose personally from the case's outcome, making it an unnecessary party to the action. Adamptey concurred, stating that the OSP's role had been misunderstood and should not be involved in a constitutional dispute stemming from legislative action.
After reviewing all submissions, a panel of the Supreme Court, led by Justice Baffoe-Bonnie, concluded that the OSP is not a necessary party to the suit. The court stated, "We have reviewed the application and the processes filed. Having heard all counsel on their submissions, we are of the view that the Office of the Special Prosecutor is not a necessary party to this suit." Consequently, the application for joinder was dismissed, allowing the constitutional case to proceed without the OSP as a party.