The Office of the Special Prosecutor (OSP) has filed stay of execution and notice of appeal against a recent high court ruling that bars it from conducting criminal prosecution without express authorisation from the Attorney-General.
This came to light at proceedings against former Minister of Finance, Mr Kenneth Nana Yaw Ofori-Atta, and five others in the Strategic Mobilisation Limited (SML) revenue assurance case at the High Court in Accra.
Consequently, the case was adjourned to May 26 pending the determination of the two appeals.
Senior Principal State Attorney at the OSP, Adelaide Kobiri-Woode, told the court that the office had filed the necessary processes to overturn the decision of the high court.
“My Lord, respectfully, between the last adjourned date and today, some court proceedings have taken place, particularly at General Jurisdiction 10, concerning the prosecutorial powers of the OSP,” she told the court.
“In view of the current circumstances, the Office has taken steps to file a stay of execution, with a return date of May 21, 2026… We humbly pray that this matter be adjourned pending the determination of the application,” she added.
Five of the accused were present in court with their legal representatives.
They included Emmanuel Kofi Nti, Ammishaddai Owusu-Amoah, Isaac Crentsil, Evans Adusei, and Strategic Mobilisation Ghana Limited (SML).
On April 15, Justice John Nyadu Nyante ruled that the OSP cannot conduct criminal proceddings in court without authorisation from the Attorney-General.
The court went on to declare all prosecutions being undertaken by the OSP as null and void.
Justice Nyante made these orders following an action challenging the prosecutorial powers of the OSP, which was granted with costs of GH¢15,000 awarded against the OSP.
In October 2023, the OSP filed criminal charges against Seidu Issah, an employee of the National Insurance Commission (NIC), and three others for allegedly using fake documents to claim ownership of 10,000 bags of rice imported from Thailand to Ghana.
The Criminal Court dismissed an application by the accused seeking to strike out the case.
The judge adjourned proceedings to await a determination by the Supreme Court on a matter in which both the plaintiff and the Attorney-General (the defendant) are challenging the independent prosecutorial power of the Office of the Special Prosecutor (OSP).
In contrast to the Criminal Court, the General Jurisdiction judge declined an application by the OSP to adjourn proceedings pending the outcome of the matter before the Supreme Court.
The judge decided that the OSP lacks independent prosecutorial mandate.
The judge then directed that the case be referred to the Attorney-General for prosecution.
