The Office of the Attorney General (AG) has mounted a strong constitutional challenge at the Supreme Court of Ghana, seeking to strike out portions of the Office of the Special Prosecutor Act, 2017 (Act 959) that grant the Office of the Special Prosecutor (OSP) independent prosecutorial authority.
In an affidavit filed on Wednesday, April 8, 2026, in the case of Adamtey v. Attorney General, the state’s chief legal advisor argues that the current legal framework—allowing the Special Prosecutor to initiate criminal proceedings without the express authorisation of the Attorney General—violates the 1992 Constitution of Ghana.
Constitutional Interpretation at the Core
At the centre of the dispute is Article 88 of the Constitution, which vests all prosecutorial powers of the Republic in the Attorney General.
According to the AG, while the OSP was established to combat corruption and related offences, it cannot operate as a “parallel state” with powers that bypass constitutional oversight.
“The power to prosecute is a constitutional monopoly held by the Attorney General,” the state’s filing asserts. “Any legislation that seeks to grant a separate entity the power to prosecute without being under the direct supervision and authorisation of the AG is, to that extent, unconstitutional and void.”
Origin of the Case
The substantive suit was initiated by private citizen Noah Ephraem Tetteh Adamtey, who is challenging the constitutionality of Act 959, the law that governs the operations of the Office of the Special Prosecutor.
The Attorney General’s response specifically targets provisions of the Act that allow the OSP to prosecute corruption-related cases without seeking a “fiat”—or formal permission—from the AG’s office.
OSP Blocked from Joining Case
In a related development, the Supreme Court of Ghana on January 27, 2026, dismissed an application by the Office of the Special Prosecutor to join the same constitutional lawsuit.
The OSP had sought to be included in the proceedings to defend its foundational mandate. However, the Attorney General opposed the move, arguing that the OSP was not a necessary party to the case—a position the court upheld.
Potential Impact on Anti-Corruption Efforts
Legal analysts say a ruling in favour of the Attorney General could significantly reshape Ghana’s anti-corruption framework.
If the court upholds the AG’s arguments, the OSP may be required to seek written authorisation before initiating any prosecution. This could create a major procedural bottleneck, particularly in high-profile corruption cases.
Ongoing and future investigations—ranging from alleged petroleum-related embezzlement to recent enforcement actions involving fuel depots—could face delays pending approval from the Attorney General’s office.
Critics warn that such a development could effectively reduce the OSP to a subordinate agency within the Ministry of Justice, potentially exposing its work to political influence.
Debate Over Independence
Proponents of the Office of the Special Prosecutor, including several civil society organisations, have long maintained that the office’s effectiveness hinges on its operational independence.
They argue that the ability to investigate and prosecute without external interference is essential to tackling corruption, particularly in cases involving politically exposed persons.
On the other hand, supporters of the Attorney General’s position insist that constitutional order must prevail, and that all prosecutorial authority must remain subject to the framework established under Article 88.
Awaiting the Court’s Decision
The case is expected to test the balance between constitutional authority and institutional independence in Ghana’s governance architecture.
A final ruling by the Supreme Court of Ghana could have far-reaching implications for the country’s legal system and the future of anti-corruption enforcement.
Source: Wesleyannews.com
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