Franklin Cudjoe Criticises Attorney-General Over High Court Order on OSP Cases

Founding President of IMANI Africa, Franklin Cudjoe, has criticised the Attorney-General, Dr Dominic Ayine, and his Deputy, Justice Srem Sai, following a recent High Court directive affecting the prosecutorial powers of the Office of the Special Prosecutor (OSP). In a Facebook post, Mr Cudjoe argued that transferring the OSP’s prosecutorial responsibilities to the Attorney-General’s office could place an excessive burden on the already stretched institution. He questioned how the Attorney-General intends to handle the additional workload, noting delays in ongoing prosecutions. He further criticised the court’s decision, describing it as disconnected from practical realities. Cudjoe referenced 18th-century French economist Frédéric Bastiat, calling the ruling an example of what Bastiat termed “legal plunder.” The comments come after the High Court in Accra ordered the Attorney-General’s Department to take over all ongoing prosecutions being handled by the OSP. The directive, issued on April 15, will remain in force until the OSP obtains the constitutionally required authorisation from the Attorney-General to independently prosecute cases. Responding to the ruling, Deputy Attorney-General Justice Srem Sai assured the public that the government will comply fully with the court’s order. He emphasised that the Attorney-General has no intention of defying the directive and is committed to upholding the rule of law. The case was triggered by a legal challenge from Peter Archibald Hyde, who argued through his lawyer that the OSP lacked the authority to prosecute without explicit approval from the Attorney-General, as required under the Constitution and the OSP Act. The court agreed, noting that the OSP failed to provide evidence of such authorisation. The ruling is expected to significantly impact the OSP’s ongoing cases, with some potentially delayed or reassigned as the Attorney-General’s office moves to implement the directive.