Former MP defends High Court ruling on OSP powers - Calls for constitutional clarity
A former New Patriotic Party (NPP) Member of Parliament (MP) for Dormaa East, Paul A. Twum-Barimah, has defended the High Court ruling that restricts the Office of the Special Prosecutor (OSP) from independently prosecuting cases.
He insisted that the decision was firmly grounded in constitutional law rather than judicial error.
According to him, Article 88 of the 1992 Constitution clearly vested prosecutorial authority in the Attorney-General.
“This means that any other institution, including the OSP, can only initiate prosecutions with proper authorisation,” Mr Twum-Barimah explained.
Interpretation
Commenting on the ruling in an interview, he further pointed to Article 130, which placed final interpretative authority on constitutional matters in the Supreme Court.
He also cited Article 1(2) of the Constitution, stressing its supremacy clause: “The Constitution shall be the supreme law of Ghana and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void.”
Mr Twum-Barimah argued that it made any conflicting provisions in the OSP Act legally subordinate to the Constitution.
He noted that while the Office of the Special Prosecutor Act, 2017 (Act 959) was designed to strengthen the fight against corruption by insulating prosecutions from political influence, it could not override constitutional provisions.
Caution
Mr Twum-Barimah noted that interpreting the law otherwise risks undermining constitutional order rather than strengthening anti-corruption efforts.
He further urged that the Supreme Court conclusively determine the matter to resolve emerging inconsistencies in judicial interpretations, warning that continued uncertainty could affect ongoing and past corruption cases.
“The High Court simply applied the law as it is,” he stated, adding that the Supreme Court must now provide final clarity to prevent institutional conflict and safeguard legal certainty.
Appeal
On the OSP notification that he would appeal against the ruling, Mr Twum-Barimah welcomed the decision, saying that it was within his constitutional right.
"He has the right and that is his constitutional right, and I encourage him to do so, except that the ruling by the high court is grounded in constitutional law," he stated.
He, however, questioned the Attorney General’s Department as to when it realised the OSP did not have prosecutorial powers.
He said that for over a year, since the AG took office, the department had been working with the OSP.
