The Attorney-General’s Department is set to take over all criminal prosecutions initiated by the Office of the Special Prosecutor (OSP) following a High Court ruling. Deputy Attorney-General and Minister for Justice, Dr Justice Srem-Sai, confirmed that the decision is in compliance with an order issued by the Accra High Court on Wednesday, April 15, 2026.
The court directed that all ongoing prosecutions handled by the OSP, be transferred to the Attorney-General until the required authorisation is obtained. It further declared the OSP’s ongoing prosecutions null and void pending compliance.
The ruling arose from a legal challenge by an accused person, Peter Archibold Hyde, who questioned the OSP’s authority to initiate and conduct prosecutions without prior approval from the Attorney-General. His legal team argued that both the Constitution and the Office of the Special Prosecutor Act require such authorisation before prosecutions can lawfully commence.
According to Dr Srem-Sai, court records showed that the OSP could not demonstrate that it had obtained the necessary approval, prompting the directive for the Attorney-General to assume control of the cases.
In a statement shared on social media on Thursday, April 16, Dr Srem-Sai assured that the Attorney-General’s Department would comply fully with the 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 stated.
He added that the Department remains committed to upholding the rule of law and will ensure a smooth transition in handling the affected cases.
Meanwhile, the Office of the Special Prosecutor has indicated that it will challenge the decision, setting the stage for a potential legal battle over its prosecutorial mandate and institutional independence.
