It is only fair the OSP is heard in Supreme Court case - Bobby Banson

Bobby Banson, a lawyer and lecturer at the Ghana School of Law, said it is only fair that the Office of the Special Prosecutor (OSP) is given the opportunity to defend itself in the ongoing constitutional case concerning its powers, speaking on JoyNews' Newsfile on Saturday, 11 April. He argued that the OSP should consider reapplying to join the case at the Supreme Court, especially in light of recent developments. Mr. Banson said, "If I were the OSP, I would file another application to join."

Mr. Banson's comments follow the Supreme Court's decision to throw out the OSP's initial application to join a constitutional case challenging its existence. A separate filing by the Attorney General (AG) has also argued that the OSP does not have the power to prosecute without the AG's authorisation. Mr. Banson explained that the legal position allows for a renewed application where there is a clear shift in circumstances, particularly where the interests of the parties are no longer aligned. He said that "the law establishing the OSP does not necessarily conflict with the Constitution" and that "the legislation already recognises the authority of the Attorney General."

Mr. Banson said that the OSP should take advantage of the changing circumstances to seek joinder once again. He explained that "the earlier ruling doesn't create res judicata because it's interlocutory." He added, "Once the facts are now different, and it is very obvious the Attorney General's alignment, and he has a contrary opinion, I think he should apply to rejoin."