Ken Kuranchie sues AG over constitutionality of Special Prosecutor

The
Editor-in-Chief
of
the
Daily
Searchlight
Newspaper,
Kenneth
Kwabena
Agyei
Kuranchie
has
sued
the
Attorney
General
(AG)
and
Office
of
the
Special
Prosecutor
(OSP)
over
the
constitutionality
of
the
latter.

He
wants
the
Supreme
Court
to
declare
the
OSP
as
unconstitutional.

Among
other
things,
Mr
Kuranchie
in
his
writ
to
the
Supreme
Court
sighted
by
Citi
News
on
Saturday,
July
6
invoked
the
Supreme
Court
to
declare
the
Special
Prosecutor
Act,
2017
(ACT
957)
as
contrary
to
“Articles
11,
17.
(1)(2)
and
(3),
88.
(3)
and
(4),
289.(2)
290.
(1)
(f))
and
290.
(2)
to
(4),
12.
(2)
and
107
(b)
of
the
1992
Constitution.”

The
Special
Prosecutor
Act
is
an
act
to
establish
the
OSP
as
a
specialised
agency
to
investigate
specific
cases
of
alleged
or
suspected
corruption
and
corruption-related
offences
involving
public
officers
and
politically
exposed
persons
in
the
performance
of
their
functions
as
well
as
persons
in
the
private
sector
involved
in
the
commission
of
alleged
or
suspected
corruption
and
corruption-related
offences,
prosecute
these
offences
on
the
authority
of
the
Attorney-General
and
provide
for
related
matters.

Article
88
for
instance
states
that
“(1)
There
shall
be
an
Attorney-General
of
Ghana
who
shall
be
a
Minister
of
State
and
the
Principal
legal
adviser
to
the
government.
(2)
The
Attorney-General
shall
discharge
such
other
duties
of
a
legal
nature
as
may
be
referred
or
assigned
to
him
by
the
president
or
imposed
on
him
by
this
constitution
or
any
other
law.
(3)
The
Attorney-General
shall
be
responsible
for
the
initiation
of
all
prosecutions
of
criminal
offences.”

Mr
Kuranchie
wants
the
Supreme
Court
to
annul
the
law
establishing
the
OSP.





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