Managing Partner at Lord & Lords Legal Practice and member of the NDC Legal and Communication Committee, Victor Kwadjoga Adawudu, has defended the High Court’s recent ruling on the Office of the Special Prosecutor (OSP), describing the judge’s decision as a bold application of the law rather than judicial overreach.
Speaking on JoyNews’ Newsfile programme on Saturday, Adawudu stressed the need to distinguish between the High Court ruling and the broader constitutional debate surrounding the OSP.
“We must be specific. There are two issues with the OSP. What we are dealing with now is the High Court ruling. People are mixing these issues and claiming the court lacked jurisdiction. That is incorrect,” he said.
Adawudu explained that the court’s jurisdiction is not determined solely by the reliefs requested by parties.
“Even if one relief is absent, the court can consider other remedies under the law. The High Court had jurisdiction, and what it did was apply the law to the facts before it,” he added.
According to him, the court relied on Articles 140 and 141 of the 1992 Constitution, which empower courts to issue orders and directions, including transferring ongoing prosecutions to the Attorney-General’s Department.
“The judge had legal backing to direct that cases be handled by the Attorney-General. At the same time, he allowed the OSP to continue prosecutions once authorised. Importantly, the Attorney-General has confirmed readiness to issue such authorisation,” he said.
Adawudu praised the judge for following legal precedent and interpreting the law with courage.
“At the centre of this ruling was the question of authority. Before you prosecute, you must be authorised. The OSP could not fully demonstrate that authority, so the court followed precedent. The judge may be right or wrong, but he has acted boldly, not timidly,” he emphasised.
“Whether you agree with the court’s interpretation or not, it is a clear application of the law, and the judge has expressed how he understands it,” Adawudu concluded.
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