Ghana news briefing
OSP established under ordinary legislation, not constitutional amendment – Deputy AG
He said the OSP Act, being an ordinary Act of Parliament, cannot alter the constitutional powers of the Attorney-General or create an independent prosecutorial authority outside the framework provided by the Constitution.
Deputy Attorney-General and Minister for Justice, Dr Justice Srem-Sai, has reiterated that the Office of the Special Prosecutor (OSP) was established through ordinary legislation under Article 106 of the 1992 Constitution and not through a constitutional amendment process.
He further contends that Sections 3 (3) and 4 of Act 959, which make the OSP independent of the Attorney-General in initiating, conducting and terminating prosecutions, which violate the Constitution.
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