The Office of the Special Prosecutor (OSP) has initiated legal proceedings to contest a recent court decision restricting its ability to initiate criminal prosecutions independently. This development emerged during a court session involving former Finance Minister Kenneth Nana Yaw Ofori-Atta and others related to the Strategic Mobilisation Limited (SML) revenue assurance case in Accra.
The high-profile case has been postponed to May 26 as appeals are under review. Senior Principal State Attorney Adelaide Kobiri-Woode announced the filing of processes aimed at overturning the high court’s decision. She informed the court, ‘We have filed a stay of execution with a return date set for May 21, 2026, and request an adjournment pending resolution.’
The legal teams for the accused, including Emmanuel Kofi Nti and Ammishaddai Owusu-Amoah, were present. The original ruling by Justice John Nyadu Nyante, dated April 15, stated that the OSP requires express approval from the Attorney-General to proceed with criminal cases, rendering ongoing prosecutions null and void.
This legal contention arose following a challenge against the OSP’s prosecutorial authority, which resulted in a monetary penalty against the office. Separately, in October 2023, the OSP charged several individuals, including an employee of the National Insurance Commission, with fraud related to rice imports.
While the Criminal Court rejected a motion to dismiss the OSP’s charges, it has stayed proceedings pending a Supreme Court decision. Meanwhile, the General Jurisdiction judge ruled against delaying the proceedings, asserting that the OSP lacks independent prosecutorial powers and transferring the case to the Attorney-General for action.
