The Supreme Court is expected to deliver a landmark judgment on July 29, 2026, in a constitutional challenge that could significantly shape the future of Ghana’s anti-corruption framework and the powers of the Office of the Special Prosecutor (OSP).
The case, filed by private citizen and lawyer Noah Ephraem Tetteh Adamtey under suit number J1/3/2026, seeks a determination on whether Parliament acted within its constitutional authority when it enacted the Office of the Special Prosecutor Act, 2017 (Act 959) and granted the OSP independent investigative and prosecutorial powers.
Constitutional Challenge
At the heart of the suit is the argument that prosecutorial authority under Ghana’s 1992 Constitution is vested exclusively in the Attorney-General.
Mr Adamtey contends that Articles 88(3) and 88(4) confer prosecutorial powers solely on the Attorney-General and that Parliament lacks the constitutional authority to establish a separate prosecutorial institution operating independently of the Attorney-General’s supervision.
He is therefore asking the Supreme Court to strike down portions of Act 959 that grant the OSP autonomous prosecutorial authority or insulate it from the control and direction of the Attorney-General.
The challenge specifically targets provisions of the law that establish the OSP’s independence and empower it to investigate corruption-related offences, as well as search for, seize and recover suspected tainted assets linked to corruption.
Earlier Ruling on OSP’s Participation
The case has already generated a significant preliminary ruling.
In January 2026, the Supreme Court unanimously dismissed an application by the OSP seeking to be joined as a party to the proceedings.
The OSP had argued that because the lawsuit directly challenges key provisions of Act 959, including Sections 4 and 33, it should be permitted to participate in the case to defend its statutory mandate.
However, the court ruled that the constitutional questions raised could be adequately determined between the plaintiff and the Attorney-General without the direct involvement of the OSP.
As a result, the Attorney-General remains the sole defendant in the action.
Civil Society Groups Granted Leave to Participate
In a notable development, the Supreme Court subsequently granted an application by 14 civil society organisations (CSOs) seeking to join the proceedings.
The organisations argued that they played important roles in advocating for the establishment of the OSP and could assist the court in addressing the constitutional issues raised in the suit.
They further maintained that the outcome of the case could have profound implications for Ghana’s anti-corruption efforts and broader governance framework.
The organisations admitted to the proceedings include the Ghana Centre for Democratic Development (CDD-Ghana), Transparency International, IMANI Africa, One Ghana Movement, Africa Centre for Energy Policy (ACEP), STAR-Ghana Foundation, Odikro, and Parliamentary Network Africa, among others.
The Attorney-General did not oppose the application, and the court granted the organisations leave to file legal submissions.
Significance of the Judgment
The Supreme Court’s decision is being closely watched because it could determine the constitutional status and future operational independence of one of Ghana’s most prominent anti-corruption institutions.
Established under Act 959 and operational since 2018, the OSP was created to investigate and prosecute corruption and corruption-related offences, particularly those involving politically exposed persons and public officials.
The institution was deliberately designed to operate independently in order to strengthen anti-corruption enforcement and address concerns arising from the Attorney-General’s dual role as both a political appointee and the state’s chief prosecutor.
Should the Supreme Court uphold Mr Adamtey’s arguments, key provisions underpinning the OSP’s independence and prosecutorial mandate could be declared unconstitutional, potentially requiring substantial legislative reforms.
Conversely, a ruling in favour of the Attorney-General would affirm Parliament’s authority to establish specialised prosecutorial bodies and reinforce the legal foundation upon which the OSP operates.
Beyond the immediate dispute, the judgment is expected to provide important constitutional guidance on the scope of prosecutorial authority, the separation of powers, and the legal architecture governing Ghana’s fight against corruption.
