OSP requiring AG approval for every case 'absurd' - John Darko

John Darko criticised suggestions that the Office of the Special Prosecutor (OSP) must seek the Attorney-General's approval for every criminal case it prosecutes, describing such an interpretation as "absurd." He made these comments amid ongoing legal debate following a recent High Court ruling that questioned the OSP's independent prosecutorial authority.

Mr. Darko, the legal counsel of the Minority caucus in Parliament, stated that the legal framework establishing the OSP does not require continuous or case-by-case authorisation from the Attorney-General for prosecutions to proceed. He warned that interpreting the law to demand approval for every individual case would undermine the purpose for which the OSP was created. He said, "If we interpret this to mean that for every criminal case the OSP must seek approval, that would be so absurd and would defeat the purpose of the independence of the OSP."

The Suame MP maintained that requiring repeated approvals would create unnecessary bureaucratic hurdles and weaken the effectiveness of the OSP in tackling corruption-related offences. He indicated that during the passage of the law establishing the OSP, the issue of prosecutorial authority had already been considered, with the understanding that the office would operate with a level of independence once duly authorised. He explained, "When the law was passed, this question was asked, and the interpretation given at the time was that there is a one-time authorisation for the setup of the office."