Deputy Attorney-General and Minister for Justice, Dr Justice Srem Sai, has assured that the Office of the Attorney-General has no intention or capacity to disobey a High Court order directing it to take over all criminal prosecutions currently being handled by the Office of the Special Prosecutor (OSP).
The assurance comes a day after the Accra High Court, presided over by Justice John Eugene Nyadu Nyante, ruled on Wednesday, April 15, 2026, that the OSP lacks independent prosecutorial powers under the 1992 Constitution.
In a statement posted on Thursday, April 16, 2026, Dr Srem Sai explained that the court ordered the Attorney-General to take over all cases which the OSP is prosecuting until such time that the OSP obtains the constitutionally required authorisation to prosecute.
The order was issued in a judicial review application filed by Peter Archibold Hyde, one of the accused persons in a case being prosecuted by the OSP. Hyde had asked the court to direct the OSP to show that its officers are authorised by the Attorney-General to initiate or conduct prosecutions.
According to the Deputy Attorney-General, Hyde’s lawyer argued that both the Constitution and the OSP Act require the OSP to prosecute only with the authorisation of the Attorney-General. The court’s records indicated that the OSP was unable to demonstrate that it had obtained such authorisation, leading to the order.
Dr Srem Sai stressed that the Attorney-General will, in the coming days, begin the necessary steps to give full effect to the court’s ruling.
”The Honourable Attorney-General has no intention or capacity to disobey or ignore the High Court’s order. Accordingly, the Office of the Attorney-General will, in the coming days, begin to take the necessary steps to give effect to the Court’s order,” he wrote.
The court affirmed that under Article 88 of the 1992 Constitution, prosecutorial authority is vested in the Attorney-General, who may authorise others to prosecute on his behalf.
The ruling affects several ongoing high-profile cases being handled by the OSP, including corruption-related matters. The OSP has indicated it disagrees with aspects of the decision and is considering appropriate legal steps, including a possible appeal or clarification at a higher court.
