Supreme Court upholds OSP’s prosecutorial authority, dismisses challenge to its power to prosecute.

The Supreme Court has unanimously dismissed the case challenging the prosecutorial powers of the Office of the Special Prosecutor (OSP).

The Supreme Court affirmed the constitutionality of the Office of the Special Prosecutor (OSP), ending a legal challenge against the law establishing the anti-corruption body while clarifying that the Attorney-General retains the constitutional power to discontinue criminal prosecutions initiated by the Office.

In a unanimous decision delivered on Wednesday, July 29, the apex court held that the Office of the Special Prosecutor Act, 2017 (Act 959), is consistent with the 1992 Constitution and therefore remains valid.

At the same time, the court ruled that the Attorney-General’s constitutional mandate under Article 88 includes the authority to terminate prosecutions undertaken by the OSP, reinforcing the supervisory role of the Attorney-General in criminal prosecutions.

The judgment arose from a constitutional action filed by private legal practitioner Noah Adamtey, who sought a declaration that Parliament acted outside its constitutional powers by establishing the Office of the Special Prosecutor with prosecutorial authority independent of the Attorney-General.

The plaintiff argued that Article 88 of the Constitution exclusively vests prosecutorial powers in the Attorney-General and that Parliament could not, through an ordinary Act of Parliament, confer similar powers on another institution without first amending the Constitution.

In the proceedings, the Attorney-General aligned with that constitutional argument, contending that while prosecutorial functions could be delegated, such powers must remain subject to the Attorney-General’s control and supervision rather than being permanently exercised by an autonomous statutory body.

The Office of the Special Prosecutor subsequently applied to join the proceedings as an interested party.

However, the Supreme Court declined the application, holding that the constitutional issues before it could be fully determined by the existing parties to the suit.

The court nevertheless admitted a number of civil society organisations to participate in the proceedings, recognising their longstanding involvement in governance and anti-corruption advocacy.

After considering the arguments, the Supreme Court concluded that Parliament acted within its constitutional authority in establishing the Office of the Special Prosecutor as an independent anti-corruption institution under Act 959.

The ruling, however, makes clear that the Attorney-General’s constitutional powers remain intact, including the authority under Article 88 to discontinue prosecutions commenced by the Office of the Special Prosecutor.

The decision is expected to provide long-awaited judicial clarity on the constitutional relationship between the Attorney-General and the Office of the Special Prosecutor, while preserving the legal foundation of one of Ghana’s key anti-corruption institutions.