Supreme Court rejects OSP’s bid to join suit challenging its powers

Supreme Court Rejects OSP’s Bid to Join Suit Challenging Its Powers

The Supreme Court has dismissed an application by the Office of the Special Prosecutor (OSP) to join a constitutional suit challenging aspects of its powers under the Office of the Special Prosecutor Act, 2017 (Act 959). The OSP had sought to intervene in a suit filed by private citizen and lawyer Noah Adamtey, contesting the legitimacy of certain provisions within the Act.

The court ruled that the OSP is not a necessary party to the suit, as the constitutional questions raised can be fully determined between the plaintiff and the Attorney-General. Deputy Attorney-General Dr. Justice Srem-Sai had opposed the OSP’s application, arguing that the office lacks a vested interest in the matter and that it is Parliament’s responsibility to defend the constitutionality of the legislation ¹ ² ³.

The suit challenges Sections 4 and 33 of Act 959, which delineate the OSP’s investigative and prosecutorial powers. The Supreme Court’s decision allows the proceedings to continue without the OSP as a party.