The Supreme Court has unanimously dismissed a review application filed by Kenneth Kwabena Agyei Kuranchie, Editor-in-Chief of the Daily Searchlight newspaper, challenging the constitutionality of the Office of the Special Prosecutor (OSP).
This update was shared on the X (formerly Twitter) page of the OSP on December 11, 2024.
"The Supreme Court has reaffirmed the independence of the Office of the Special Prosecutor and dismissed attempts to undermine its constitutional mandate," the OSP noted in the update.
The application sought to declare the law establishing the OSP unconstitutional and to place the anti-corruption agency under the control of the Attorney General.
Ken Kuranchie initially filed a suit in September 2023, arguing that the Special Prosecutor Act, 2017 (Act 959) violated provisions of the 1992 Constitution.
However, he discontinued the case in June 2024, only to refile a fresh suit the following month.
The Supreme Court struck out the second suit in April 2024 due to his failure to submit a statement of case within the required time frame.
In dismissing the suit, the Court emphasised, "The operations of the OSP must not be encumbered by unwarranted litigation. Its independence is critical to combating corruption in Ghana."
Following this, Ken Kuranchie filed a review application seeking to overturn the Supreme Court’s earlier decision.
After hearing arguments from all parties, the Court unanimously dismissed the application, reinforcing its stance that the OSP’s mandate must remain unencumbered.
The Office of the Special Prosecutor, established in 2018 under Act 959, is an independent anti-corruption agency with police powers and prosecutorial authority.
Its mandate includes investigating and prosecuting cases of grand corruption involving public officers, politically exposed persons, and private individuals, as well as recovering the proceeds of corruption and implementing measures to prevent such offences.
"The decision underscores the importance of the OSP in Ghana's anti-corruption framework. It is a victory for justice and accountability," the OSP further stated in its X update.
Read the post below:
Court update
— Office of the Special Prosecutor-Ghana (@ospghana) December 11, 2024
The Supreme Court today has unanimously dismissed a review application, which sought to declare the law establishing the Office of the Special Prosecutor (OSP) unconstitutional and place the OSP under the control of the Attorney General.
The Editor-in-chief of the… pic.twitter.com/5DbqQjT7FW
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