Ghana's Supreme Court has unanimously ruled that the Office of the Special Prosecutor (OSP) possesses the legal authority to investigate and prosecute corruption-related offences independently. This significant decision, delivered on July 29, 2026, clarifies the OSP's mandate. However, the ruling also confirmed that the Attorney-General (AG) retains the constitutional power to discontinue such prosecutions by entering a nolle prosequi, a legal process to formally terminate a case.
This landmark judgment resolves a long-standing constitutional dispute regarding the prosecutorial powers of the OSP. It clearly defines the operational relationship between Ghana's primary anti-corruption agency and the Attorney-General's office. The decision stems from a suit filed by private legal practitioner Noah Adamtey, who challenged specific provisions of the Office of the Special Prosecutor Act, 2017 (Act 959).
The ruling holds significant implications for Ghana's fight against corruption and its legal framework. The OSP, established to lead anti-corruption efforts, can now proceed with investigations and prosecutions without requiring prior approval from the Attorney-General. This independence is crucial for ensuring that high-profile corruption cases are pursued vigorously. The decision also reinforces the Attorney-General's constitutional role as the principal legal advisor to the government and chief prosecutor.
A seven-member panel of the Supreme Court, chaired by Chief Justice Paul Baffoe-Bonnie, dismissed Mr. Adamtey's suit. Mr. Adamtey had argued that Article 88 of the 1992 Constitution exclusively vests prosecutorial authority in the Attorney-General. He contended that Parliament exceeded its powers by enacting Sections 3(3) and 4 of Act 959, which grant the OSP independent prosecutorial authority. The court, however, rejected this challenge, affirming the constitutionality of the OSP Act.
The Supreme Court's decision went against the position taken by the Attorney-General's office during the proceedings. Deputy Attorney-General Justice Srem-Sai had argued that prosecutorial authority under the Constitution belongs exclusively to the Attorney-General. He maintained that any power exercised by the OSP derived from the Attorney-General's constitutional mandate. The unanimous dismissal of the suit by the Supreme Court effectively affirmed that the Office of the Special Prosecutor Act is consistent with the Constitution.
This ruling is expected to strengthen the legal foundation of the Office of the Special Prosecutor. The OSP has been responsible for investigating and prosecuting several high-profile corruption-related cases since its inception. Its enhanced independence will likely boost public confidence in its ability to tackle corruption effectively. The decision also provides clarity for future anti-corruption initiatives and legal reforms.
The judgment reinforces the Attorney-General's constitutional oversight of criminal prosecutions. While the OSP can initiate and conduct cases independently, the Attorney-General retains the ultimate constitutional authority to terminate those cases. This balance ensures that while anti-corruption efforts are robust, there is still a mechanism for executive oversight in the justice system. Future developments will likely focus on how this power balance is exercised in practice.
This clarification of powers will influence how corruption cases are handled in Ghana. It means the OSP can act decisively, but the AG can intervene if deemed necessary for broader public interest or legal reasons. This dual authority will be closely watched by legal experts, civil society organizations, and the public. The decision sets a precedent for the interpretation of prosecutorial powers within Ghana's constitutional framework.