The Office of the Special Prosecutor (OSP) has been derailed in its attempt at procuring for quashing, orders from the Supreme Court to bring the decision of the High Court presided by H/L Justice John Eugene Nyante Nyadu in the case of THE REPUBLIC v. THE OFFICE OF SPECIAL PROSECUTOR [TLP-HC-2026-10].

Since the filing of its certiorari motion at the Supreme Court entitled Republic v High Court (General Jurisdiction 10), Accra Ex Parte: Office of the Special prosecutor (Suit No. J5/61/2026), the OSP is yet to have its case called, heard on the merits and consequent quashing orders of the Court directed at the High Court, General Jurisdiction 10.

Service to blame

The challenge of the OSP is owing to failure of service on the Applicant at the Court below, Mr. Peter Hyde whose quo warranto application and judgment emanating from his motion has bound up the OSP in its work and has collapsed their prosecutions in all Courts.

STAR OF THE MONTH - Derick Adu-Gyamfi Esq.

The Annual Labour Law Conference

The OSP continues to be bound by the decision of the High Court in the above case which gave orders in the following words: "I hereby order the Attorney-General to take over all prosecutions currently being handled by the respondent (Office of the Special Prosecutor) in the various courts....."

Per page 18 of the Peter Hyde case as reported on our case report and can be read here, the OSP reels under the words of Justice Nyadu as follows: "Consequently, any convictions if any, secured by the respondent as a result of the purported exercise of prosecutorial power is hereby declared void, and I order the trial of the persons convicted to be commenced de novo by the Attorney-General pending the respondent applying to the Attorney-General for its officers to be authorised to conduct criminal prosecutions and the issue of the necessary Executive Instrument in that regard."

Dr. Isidore gives the way forward

On the 26th day of May, 2026 when the case of Ex Parte: Office of the Special prosecutor (Suit No. J5/61/2026) was called, the Director of Prosecutions of the OSP, Dr. Isidore Tufour informed the Court of the challenge by way of non-service and the stumbling block it poses to business in the case.

Dr. Isidore and also informed the Court which was presided by Pwamang JSC of the intention of the office to assist the registry of the Court to ensure service on Peter Hyde. The Court thus adjourned proceedings sine die to allow for service on Peter Hyde.