By: Franklin ASARE-DONKOH
Ghana’s apex court, the Supreme Court (SC), has dismissed an application by the Office of the Special Prosecutor (OSP) seeking to be joined as a party in a suit filed by private citizen and lawyer Noah Adamtey challenging the constitutionality of provisions that set up the Office of the Special Prosecutor Act, 2017 (Act 959).
The apex court, in its ruling, held that the OSP is not a necessary party to the suit filed by the private citizen and lawyer, against the Attorney-General. The court consequently refused the application for joinder.
Counsel for the OSP, Dr. Isidore Tufuor, in his argument contended that, the reliefs sought in the substantive action directly affect the OSP, particularly Sections 4 and 33 of Act 959, which define the mandate and prosecutorial powers of the office.
He maintained that although the suit appears to be directed at the State, it fundamentally questions the constitutionality of the powers exercised by the OSP and therefore prayed the court to allow the Office to join the case as party.
Opposing the application however, Deputy Attorney-General Dr. Justice Srem-Sai argued that the OSP has no independent interest in the matter, stressing that it is Parliament, as the creator of the office, which must answer for the constitutionality of the law establishing it.
Mr. Adamtey, the plaintiff, also opposed the joinder, submitting that the OSP’s role had been misconceived and that the office does not possess any private or proprietary interest capable of justifying its participation as party to the suit.
After hearing submissions from all sides, the Supreme Court ruled that, the issues raised in the substantive action can be effectively determined without the participation of the OSP. The court concluded that, the Office is not required for the just and effectual determination of the case.
