The Supreme Court has unanimously upheld the constitutionality of the Office of the Special Prosecutor (OSP), dismissing a legal challenge against the anti-corruption body’s prosecutorial powers while affirming that the Attorney-General retains the constitutional authority to discontinue prosecutions initiated by the Office.
In its judgment delivered on Wednesday, July 29, the apex court ruled that the Office of the Special Prosecutor Act, 2017 (Act 959), is consistent with the 1992 Constitution and therefore remains valid.
The court, however, clarified that the Attorney-General’s powers under Article 88 of the Constitution include the authority to discontinue criminal prosecutions commenced by the OSP, reaffirming the Attorney-General’s supervisory role in criminal prosecutions.
The case was brought by private legal practitioner Noah Adamtey, who argued that Parliament exceeded its constitutional mandate by creating the Office of the Special Prosecutor with prosecutorial powers independent of the Attorney-General.
According to the plaintiff, Article 88 of the Constitution exclusively vests prosecutorial authority in the Attorney-General, and Parliament could not confer similar powers on another institution through ordinary legislation without first amending the Constitution.
During the proceedings, the Attorney-General supported that constitutional position, contending that although prosecutorial powers may be delegated, they must remain subject to the Attorney-General’s direction and control rather than being exercised independently by a statutory body.
The Office of the Special Prosecutor subsequently applied to join the case as an interested party. However, the Supreme Court dismissed the application, ruling that the constitutional issues could be adequately determined by the existing parties before the court.
The court nevertheless granted permission for several civil society organisations to participate in the proceedings, recognising their longstanding interest in governance and anti-corruption issues.
After considering the arguments, the Supreme Court concluded that Parliament acted within its constitutional powers in establishing the Office of the Special Prosecutor as an independent anti-corruption institution under Act 959.
While upholding the law, the court emphasised that the Attorney-General’s constitutional mandate remains unaffected, including the power under Article 88 to discontinue prosecutions initiated by the OSP.
The ruling is expected to provide important constitutional clarity on the relationship between the Attorney-General and the Office of the Special Prosecutor, while preserving the legal framework underpinning one of Ghana’s principal anti-corruption institutions.
