The Editor-in-Chief of the Daily Searchlight newspaper, Kenneth Kwabena Agyei-Cranchy, has sued the Attorney-General (AG) and the Office of Special Prosecutor (OSP) over the latter’s constitutionality.
He wants the Supreme Court to declare the OSP unconstitutional.
Among other things, in his writ petition to the Supreme Court reported by Citi News on Saturday, July 6, Mr Clanchy asked the Supreme Court to declare that the Special Prosecutors Act, 2017 (ACT 957) violates “sections 11, 17(1)(2) and (3), 88(3) and (4), 289(2), 290(1)(f)), 290(2) to (4), 12(2) and 107(b) of the 1992 Constitution”.
The Special Prosecutor Act is an act that establishes the Special Prosecutor as a specialized agency to investigate certain cases of suspected or suspected corruption or corruption-related crimes committed by public officials and important politicians in the performance of their duties, as well as persons involved in suspected or suspected corruption or corruption-related crimes in the private sector, prosecute such crimes under the authority of the Attorney General, and prescribe related matters.
For example, section 88 provides that “(1) Ghana shall have an Attorney-General, who is a Minister of State and the Government’s principal legal advisor. (2) The Attorney-General shall perform such other legal duties as may be entrusted or assigned to him by the President or imposed upon him by this Constitution or other laws. (3) The Attorney-General shall be responsible for the initiation of all prosecutions of criminal offences.”
Clanchy hopes the Supreme Court will strike down the law establishing the OSP.
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