Sunday, 26 April

Act 959 still in force — Minority defends OSP’s authority

News
Minority In Parliament

The Minority in Parliament has maintained that the powers and legal mandate of the Office of the Special Prosecutor (OSP) remain intact and enforceable until the Supreme Court of Ghana delivers a final ruling on the issue.

This follows a recent High Court decision directing the Attorney-General’s Department to take over all ongoing criminal prosecutions being handled by the OSP, pending proper authorisation.

Addressing the media on Tuesday, April 21, the Member of Parliament for Gushegu and Deputy Ranking Member on Parliament’s Constitutional and Legal Affairs Committee, Hassan Tampuli, argued that the High Court does not have the authority to invalidate an Act of Parliament on constitutional grounds.

He stressed that only the Supreme Court has the jurisdiction to interpret the constitution in a manner that could nullify legislation.

Mr Tampuli further noted that the law establishing the OSP, Act 959, remains in full effect and continues to underpin the institution’s operations.

He added that until the Supreme Court makes a conclusive determination, decisions by lower courts cannot be taken as having set aside or suspended the law.

According to him, Act 959 is still valid and binding, and the OSP’s mandate remains firmly in place.

 

Source: Classfmonline.com/Zita Okwang