The Office of the Special Prosecutor (OSP) has announced that it is taking immediate legal action to challenge and overturn a High Court ruling that directed the Attorney-General’s Department to assume control over all criminal prosecutions currently being handled by the anti-corruption body.
The directive, issued on Wednesday, April 15, 2026, by Justice John Nyante Nyadu, has ignited fresh legal debate over the scope of the OSP’s prosecutorial authority under Ghanaian law.
In its ruling, the High Court declared that the OSP does not possess independent prosecutorial powers without authorisation from the Attorney-General, citing Article 88(4) of the 1992 Constitution.
The Court further ordered that all ongoing prosecutions by the OSP be transferred to the Attorney-General’s Department and awarded GH₵15,000 in costs against the Office.
In a statement issued shortly after the judgment, the OSP strongly disagreed with the court’s decision, arguing that the High Court had exceeded its jurisdiction.
The Office maintained that the ruling effectively attempts to invalidate provisions of an Act of Parliament—specifically the Office of the Special Prosecutor Act, 2017 (Act 959)—a power it insists lies exclusively with the Supreme Court.
“The OSP is taking steps to quickly overturn the decision of the General Jurisdiction Court since the High Court does not have jurisdiction to, in effect, strike down parts of an Act of Parliament as unconstitutional,” the statement said.
“It is only the Supreme Court which can strike down parts of an Act of Parliament as unconstitutional.”
The anti-corruption agency confirmed that it is actively pursuing legal remedies to have the ruling set aside, signalling a likely escalation of the matter to a higher court, potentially the Supreme Court.
Legal analysts say the move could result in a significant constitutional interpretation case that may clarify:
- The extent of the OSP’s independence
- The relationship between the OSP and the Attorney-General
- The limits of High Court jurisdiction in constitutional matters
Despite the ruling, the OSP has assured the public that its prosecutorial work will continue uninterrupted.
“The OSP firmly assures the public that all the criminal prosecutions it has commenced before the courts and all the criminal prosecutions it is about to commence before the courts remain valid and would proceed,” the statement emphasised.
The Office argued that its mandate under the Office of the Special Prosecutor Act, 2017 (Act 959) remains legally binding and fully operational, as the High Court’s decision does not nullify the law itself.
The development has drawn widespread attention from legal practitioners, governance experts, and civil society organisations, many of whom view the case as a defining moment for Ghana’s anti-corruption architecture.
The outcome of the legal challenge is expected to have far-reaching implications for how corruption-related offences are investigated and prosecuted in the country.
As the OSP prepares to challenge the ruling, attention is now shifting to the appellate courts, where a final determination could reshape the operational boundaries of one of Ghana’s key anti-corruption institutions.
Until then, uncertainty remains over the immediate enforcement of the High Court’s directive and its impact on ongoing cases.
https://x.com/ospghana/status/2044385956736696628?s=20
Source: Wesleyannews.com
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