Retired Supreme Court Justice William Atuguba has urged caution in public commentary on the ongoing legal dispute involving the Office of the Special Prosecutor (OSP), insisting that the matter should be left for the Supreme Court to determine before broader public debate.

Speaking in an interview with Joy News’ Gemma Appiah, Justice Atuguba said that although the High Court has ruled on a key jurisdictional issue in the case, the matter is still under appeal at the Supreme Court and therefore not finally settled.

“The best thing is to wait for the ruling of the Supreme Court. That’s the final court. And then when it gives a judgment, then it’s in the public domain for comment and discussion and all that,” he said.

The case centres on whether the OSP can continue to independently prosecute corruption-related offences without prior authorisation from the Attorney-General — a question that has triggered a wider constitutional debate on the independence of the anti-corruption body.

The High Court ruling at the centre of the dispute held that the OSP cannot proceed with prosecutions without clearance from the Attorney-General. That decision is currently binding on the parties involved.

However, the Office of the Special Prosecutor has filed an appeal at the Supreme Court, alongside an application for a stay of execution, which—if granted—would allow the OSP to continue its operations pending the final determination of the case.

Justice Atuguba stressed that under established legal principles, court orders remain valid unless overturned by a court of competent jurisdiction.

He explained that no institution or individual is permitted to disregard a court ruling simply based on disagreement with it.

That position, he noted, reflects long-standing Supreme Court jurisprudence, which he said he contributed to during his time on the bench.

The OSP, created under the Office of the Special Prosecutor Act, is mandated to investigate and prosecute corruption and corruption-related offences involving public officials.

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Make Supreme Court finish the case before discussing it — Justice Atuguba

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