The Supreme Court has dismissed a lawsuit filed by Editor-in-Chief of the Daily Searchlight Newspaper, Kenneth Kwabena Agyei Kuranchie challenging the constitutionality of the Office of the Special Prosecutor (OSP).The 2024 independent parliamentary candidate sought to have the creation of the OSP and its powers declared unlawful.

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His lawsuit targeted the OSP's powers of arrest, detention, freezing, and seizure, describing them as abusive.Kuranchie’s writ requested the Supreme Court to declare the Special Prosecutor Act, 2017 (ACT 957) as contrary to multiple articles of the 1992 Constitution, including Articles 11, 17(1)(2) and (3), 88(3) and (4), 289(2), 290(1)(f), 290(2) to (4), 12(2), and 107(b).

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He argued that the OSP's prosecutorial powers should be placed under the direct control of the Attorney General, similar to the arrangement for the Economic and Organized Crime Office (EOCO), Police, and National Investigation Bureau (NIB).

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The Special Prosecutor Act was established to create the OSP as a specialized agency to investigate specific cases of alleged or suspected corruption and corruption-related offenses involving public officers and politically exposed persons, as well as persons in the private sector involved in such offenses. The OSP prosecutes these offenses on the authority of the Attorney General.

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This was not Kuranchie’s first legal challenge against the OSP; he had previously filed and later discontinued a similar case last year. His recent filing, however, met the same fate, with the Supreme Court dismissing it.The Court emphasized that the OSP should not be distracted by such lawsuits and should instead focus on its mandate.

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The ruling reinforces the legitimacy and constitutional backing of the OSP, allowing it to continue its work in combating corruption and related offenses without hindrance.Kuranchie's legal attempts to alter the structure and authority of the OSP have thus far been unsuccessful, solidifying the current framework under which the OSP operates.

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The dismissal by the Supreme Court underscores the judiciary's support for the OSP's role in upholding accountability and integrity within Ghana's public and private sectors.

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