By Leo Nelson
Lawyer and Senior Vice President of IMANI Africa, Kofi Bentil, has criticised a recent High Court ruling on the powers of the Office of the Special Prosecutor (OSP), describing the decision as flawed.
Speaking on JoyNews’ Newsfile on Saturday, Bentil argued that the judge erred in the interpretation and application of the law governing the OSP, particularly on the question of prosecutorial authority.
According to him, while judges are mandated to interpret laws, such interpretations must be grounded not only in the text of the statute but also in the intent behind it.
He contended that the High Court failed to adequately consider the legislative intent of the law establishing the OSP, including the explanatory memorandum that provides context for Parliament’s objectives.
“The judges make mistakes and sometimes they make very terrible laws. And the judge’s name has been put there. I don’t want to go into, you know, but clearly this was wrong,” he stated.
Bentil further stressed that where legal questions touch on constitutional interpretation—especially matters already before the Supreme Court, lower courts must exercise restraint.
He noted that the ongoing legal debate over the respective powers of the OSP and the Attorney-General’s Department requires clarity from the apex court, rather than potentially conflicting rulings from lower courts.
The IMANI Vice President also highlighted the importance of judges engaging with broader legal materials, including prior case law and statutory memoranda, to ensure well-reasoned decisions.
“You may not like a judgment at first glance, but when you read the reasoning, sometimes it makes sense. In this case, however, the reasoning falls short. He [the Judge] has the law in his bosom, but he has the responsibility to read broadly and widely and to explain it such that we will not have cause to speak. This was a bad decision,” he pointed out, urging the judge to reverse the ruling.
His comments follow an Accra High Court ruling that the Office of the Special Prosecutor (OSP) does not have independent authority to prosecute criminal cases, directing that all matters initiated by the anti-corruption body be referred to the Attorney-General’s Department