All convictions by the office of the Special Prosecutor have been declared null and void. The court, presided over by Justice Nana Brew, ruled that the Office of the Special Prosecutor (OSP) lacked the legal authority to prosecute without prior authorization from the Attorney General.
The decision also directs the Attorney General to assume control of all ongoing criminal prosecutions initiated by the OSP. The ruling, delivered on Wednesday, initially appeared limited in scope. However, details released on Friday, April 17, revealed a far-reaching impact.
The court held that any conviction secured by the OSP through its prosecutorial powers is invalid. According to the judgment, “any convictions secured by the respondent as a result of the purported exercise of prosecutorial power are hereby declared void, and I order the trial of the persons convicted to be commenced de novo.”
This means all affected cases must be retried from the beginning.
Explaining the decision, Justice Nana Brew stated that Article 88 of the Constitution is clear and unambiguous. The court rejected arguments by OSP lawyers that the case required interpretation by the Supreme Court. The judge noted that neither party presented conflicting interpretations of Article 88. He ruled that the constitutional provision clearly mandates that prosecutorial authority rests with the Attorney General.
A combined reading of Article 88 and Section four of the OSP Act, he said, confirms that the OSP must seek authorization before initiating prosecutions.
The court further observed that other state institutions with prosecutorial powers operate under explicit authorization from the Attorney General. The judge concluded that the OSP failed to follow this legal requirement.
Impact on previous convictions
The OSP convictions null and void ruling affects all cases prosecuted by the Special Prosecutor since its establishment. Data from the OSP indicates that 33 individuals have been put on trial. Out of these, seven convictions have been secured, with ten cases still ongoing. One of the convictions involved Andy Thomas Owusu in the case linked to alleged corruption in the illegal mining task force. He admitted to taking a bribe to facilitate a mining licence process and was fined.
The remaining six convictions arose from a Tamale case involving charges such as corruption, false certification, and causing financial loss to the state.
The OSP convictions being considered null and void means all individuals previously convicted under OSP prosecutions are no longer bound by those judgments. Persons who were fined may halt payments and potentially seek refunds from the state. Those who had ongoing obligations under court orders can now challenge them.
Additionally, all affected cases are expected to be retried under the authority of the Attorney General.
