The Supreme Court has unanimously affirmed the constitutionality of the Office of the Special Prosecutor (OSP) Act, 2017 (Act 959), confirming the legality of the anti-corruption body’s prosecutorial powers.
However, the court held that the Attorney-General still possesses the constitutional authority to discontinue prosecutions initiated by the Office of the Special Prosecutor.
The ruling resolves a constitutional suit brought by private legal practitioner Noah Adamtey, who challenged Parliament’s authority to establish the OSP with independent prosecutorial powers.
According to Adamtey, the establishment of the OSP under Act 959 was inconsistent with Article 88 of the 1992 Constitution, which assigns prosecutorial authority to the Attorney-General.
He maintained that Parliament overstepped its constitutional mandate by creating an institution with prosecutorial functions similar to those reserved for the Attorney-General.
The Attorney-General backed the challenge, arguing that although prosecutorial powers may be delegated, they must remain under the supervision and control of the Attorney-General.
In a unanimous judgment delivered on Wednesday, July 29, the Supreme Court dismissed the challenge and upheld the constitutional validity of the Office of the Special Prosecutor.
The court ruled that Parliament acted within its constitutional powers in establishing the OSP to investigate and prosecute corruption and corruption-related offences.
The decision allows the OSP to continue exercising the prosecutorial powers granted to it under Act 959.
At the same time, the court clarified that the Attorney-General’s powers under Article 88 remain unaffected, including the authority to discontinue criminal prosecutions commenced by the OSP.
The judgment places the OSP’s prosecutorial role within the broader constitutional framework that recognises the Attorney-General as the State’s principal legal officer.
The case attracted significant attention from anti-corruption campaigners and civil society organisations, which argued that the OSP’s independence is essential in addressing corruption involving public officials and politically exposed persons.
Established in 2018, the Office of the Special Prosecutor was set up as an independent institution mandated to investigate and prosecute corruption and corruption-related offences, particularly those involving public officials and politically exposed persons.
During the proceedings, the OSP applied to join the case as an interested party, but the Supreme Court rejected the application, holding that the constitutional issues could be adequately determined between the plaintiff and the Attorney-General.
However, several civil society organisations were granted permission to participate in the proceedings due to their interest in strengthening Ghana’s anti-corruption framework.
The ruling provides legal clarity on the relationship between the Office of the Special Prosecutor and the Attorney-General while reaffirming the legal foundation for the OSP’s continued operations.
