The Deputy Attorney-General, Justice Srem-Sai, has dismissed claims that members of the National Democratic Congress (NDC) oppose independent prosecutorial authority.
His comments follow assertions that some NDC members were against the establishment of the Office of the Special Prosecutor (OSP), as well as calls from sections of the public, including some party supporters, for the anti-corruption body to be scrapped.
Speaking in an interview with Bernard Avle on Channel One TV’s The Point of View on April 20, Srem-Sai said the NDC has consistently supported the concept of an independent prosecutorial body, but believes constitutional amendments are required to fully achieve that objective.
“There’s no one in NDC that I know of or have ever heard who is against an independent prosecutorial authority. Our manifesto was emphatic that we’re not against it [OSP]. We were clear in our position that to achieve these results, we need to amend the Constitution,” he said.
His remarks come in the wake of a High Court ruling on April 15, 2026, which directed that the Attorney-General’s Department take over all criminal prosecutions currently being handled by the OSP, pending formal approval from the Attorney-General.
The decision followed a judicial review application challenging the prosecutorial powers of the anti-corruption body.
The OSP has strongly disagreed with the ruling, arguing that the court exceeded its jurisdiction. It says it is pursuing legal remedies to have the decision set aside, maintaining that its enabling Act grants it prosecutorial authority.
Srem-Sai also suggested that Ghana could draw lessons from other common law jurisdictions in resolving the impasse between the OSP and the Attorney-General over prosecutorial authorisation.
“It is not just in Ghana that we have this issue. It’s in almost all the Anglo countries, common law jurisdictions; they all have this issue. I think that solving this issue will require us to look elsewhere to see how it is done,” he noted.
The case was brought by Peter Archibold Hyde, one of four individuals under investigation by the OSP. The others include Alhaji Seidu, James Keck Osei, and Customs officer John Abban.
They are alleged to have conspired to unlawfully seize containers using forged documents, including a falsified letter purportedly issued by the Office of the then Vice President.
In its ruling, the High Court held that while the OSP has the constitutional mandate to investigate suspected corruption-related offences, it does not have the authority to initiate prosecutions without prior approval from the Attorney-General.
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