Justice Srem-Sai@JusticeSremSai
Yesterday, the High Court ordered the Honourable Attorney-General to take over all the cases which the Office of the Special Prosecutor (OSP) is prosecuting until such a time that the OSP obtains the constitutionally required authorisation to prosecute.
The order was given in a case brought by an accused person, one PETER ARCHIBLOD HYDE, who was being prosecuted by the OSP. In the case, PETER ARCHIBLOD HYDE asked the High Court to direct the OSP to show that its officers are authorised by the Attorney-General to initiate or conduct prosecution.
PETER ARCHIBLOD HYDE’s lawyer argued that both the Constitution and the OSP Act require that the OSP to prosecute but on the authorisation of the Attorney General. The Court’s records show, however, that the OSP was unable to show that it has the Attorney-General’s authorisation - hence the Court’s order above.
The Honourable Attorney-General has no intention or capacity to disobey or ignore the High Court’s order. Accordingly, the Office of the Attorney-General will, in the coming days, begin to take the necessary steps to give effect to the Court’s order.
