Kenneth Kwabena Agyei Kuranchie, Editor-in-Chief of the Daily Searchlight Newspaper, has filed a lawsuit against the Attorney General (AG) and the Office of the Special Prosecutor (OSP), seeking a declaration from the Supreme Court regarding the OSP’s constitutionality.
In his writ submitted to the Supreme Court and reported by Citi News on Saturday, July 6, Kuranchie requests the Court to declare the Special Prosecutor Act, 2017 (ACT 957), establishing the OSP unconstitutional. He cites explicitly several provisions of the 1992 Constitution, including Articles 11, 17(1)(2)(3), 88(3)(4), 289(2), 290(1)(f), 290(2)-(4), 12(2), and 107(b).
The Special Prosecutor Act establishes the OSP as a specialized agency investigating cases of alleged or suspected corruption involving public officers, politically exposed persons, and individuals in the private sector related to corruption and corruption-related offences. The OSP operates under the authority of the Attorney-General to prosecute these offences and handle related matters.
Kuranchie’s legal challenge raises significant constitutional questions, particularly concerning the roles and powers of the Attorney General and the establishment of specialized agencies like the OSP within Ghana’s legal framework.
The outcome of this case could impact the structure and operations of the OSP and the prosecution of corruption cases in Ghana.