A strong opinion by Chris Owusu Harrison has thrown weight behind the Deputy Attorney-General, Justice Srem-Sai, following a recent High Court ruling that has reignited debate over the prosecutorial powers of the Office of the Special Prosecutor (OSP).
Get the latest campus news, updates, and announcements by joining our WhatsApp channel here: 👉 Join on WhatsApp.
In his commentary, Chris Owusu Harrison argues that Ghana’s fight against corruption must strictly remain within the confines of the 1992 Constitution, warning that any attempt to bypass constitutional provisions risks undermining the rule of law.
He aligns with calls by the Deputy Attorney-General for a review or possible removal of Section 4(2) of the Office of the Special Prosecutor Act, 2017 (Act 959) where it conflicts with constitutional provisions.
The opinion follows a High Court decision delivered on April 15, 2026, by John Eugene Nyante Nyadu in the case of The Republic (on the application of Peter Archibold Hyde) versus the Office of the Special Prosecutor.
According to Chris Owusu Harrison, the Constitution is unequivocal. He points to Article 88(3) and 88(4), which vest the authority to initiate and conduct criminal prosecutions solely in the Attorney-General, either directly or through properly authorised persons.
He emphasizes that this is not a mere procedural issue but a fundamental constitutional principle that determines who holds prosecutorial power in Ghana.
The case itself was triggered by an application filed by Peter Archibold Hyde, who challenged the authority of the OSP through an order of quo warranto, demanding that the office justify the legal basis for its prosecutorial actions.
The court upheld his arguments in full, ruling that Section 4(2) of Act 959 is subject to Article 88(4) of the Constitution and does not grant the OSP independent prosecutorial authority.
Chris Owusu Harrison strongly supports this interpretation, arguing that a law passed by Parliament cannot override the Constitution, which requires a more rigorous amendment process, including a referendum.
He further notes that the OSP failed to present any Executive Instrument or formal written authorisation from the Attorney-General to justify its prosecutions—something he says is routinely granted to other state institutions before they undertake such functions.
Based on this, the court directed the Attorney-General to take over all ongoing OSP prosecutions until proper legal authorisation is secured. It also declared that any convictions obtained under such circumstances are void and must be retried.
Chris Owusu Harrison insists the ruling does not weaken the fight against corruption. Instead, he argues it strengthens it by ensuring that all actions are grounded in the Constitution.
He also highlights the importance of the Attorney-General’s power of nolle prosequi, which allows the office to take over, continue, or discontinue prosecutions in the interest of justice, reinforcing its central constitutional role.
While acknowledging the importance of independent anti-corruption bodies like the OSP, Chris Owusu Harrison maintains that such institutions must operate strictly within the authority granted to them by law.
He concludes that the principle of quo warranto serves as a safeguard to ensure public officials exercise power only when properly authorised.
According to Chris Owusu Harrison, Ghana does not need to step outside its Constitution to fight corruption but must rely on strong institutions operating firmly within the rule of law to ensure a fair, effective, and sustainable anti-corruption effort.
