The Attorney General’s Office will take over all criminal cases currently being prosecuted by the Office of the Special Prosecutor, Deputy Attorney General Justice Srem-Sai has confirmed, following a High Court order that found the OSP lacked constitutional authority to prosecute.
The order was issued Tuesday in a case involving accused person Peter Archibold Hyde, who challenged the OSP’s mandate.
Hyde asked the court to compel the OSP to prove its officers were authorised by the Attorney General to initiate or conduct prosecutions.
*Court: OSP Could Not Prove Authorisation*
According to Justice Srem-Sai, Hyde’s lawyer argued that both the 1992 Constitution and the OSP Act require the Special Prosecutor to act only with the Attorney General’s authorisation.
“The Court’s records show, however, that the OSP was unable to show that it has the Attorney-General’s authorisation,” Srem-Sai wrote.
The High Court subsequently directed the Attorney General to take over all OSP cases “until such a time that the OSP obtains the constitutionally required authorisation to prosecute.”
*AG’s Office to Comply*
The Deputy AG said the 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.
The ruling effectively suspends the OSP’s prosecutorial functions.
The anti-corruption body retains investigative powers but cannot send cases to trial without express delegation from the Attorney General under Article 88(4) of the Constitution.
The OSP has not yet publicly responded to the judgment or the AG’s planned takeover.
