Retired Supreme Court Justice William Atuguba has called for an amendment to Article 88 of the 1992 Constitution, as the powers of the Office of the Special Prosecutor (OSP) come under legal scrutiny.

In an interview with JoyNews on April 28, 2026, Justice Atuguba explained that Article 88 clearly states that only the Attorney General has the authority to prosecute.

He emphasised the importance of historically tracing the law to determine whether the Attorney General can delegate prosecutorial powers.

Justice Atuguba's comments arise amid ongoing court proceedings involving the OSP. While the general jurisdiction issue has been ruled on, he noted that the constitutional interpretation is still pending before the Supreme Court.

He advised that, technically, public commentary on matters before the courts could potentially prejudice proceedings.

However, he remarked that the nature of such discussions has varied over the years.

“The best course of action is to wait for the Supreme Court's ruling. That’s the final court, and once it delivers its judgment, it will be available for public comment and discussion,” he stated.

Regarding the legal effect of the High Court’s orders, Justice Atuguba affirmed that they remain in effect, meaning the OSP cannot proceed with prosecutions without authorisation from the Attorney General.

He explained, “Ordinarily, when a court issues a judgment, it binds the parties involved unless it is overturned by a superior court.”

Reflecting on a past legal notion that allowed individuals to disregard something deemed null and void, he clarified that the Supreme Court has since moved away from that view.

“Before I left the Supreme Court, I was on a panel that recognised the need for a competent court to set aside an order or judgment. Until that is done, it is not acceptable for anyone to simply ignore it.”

Justice Atuguba also noted that if there is an appeal, the affected party can apply for a stay of execution, which is what the OSP has done.

“If that request is granted, then the OSP can continue its operations until a final decision is made,” he concluded.

He concluded on the importance of closely examining the constitutional landscape surrounding Article 88 and the Attorney General’s powers of delegation.

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