Ghana Supreme Court Upholds OSP Prosecutorial Powers with Attorney‑General Oversight

Ghana's Supreme Court unanimously ruled that the Office of the Special Prosecutor (OSP) may prosecute criminal cases, provided it obtains authorisation from the Attorney‑General. The seven‑member bench, chaired by Chief Justice Paul Baffoe Bonnie, held that the Office of the Special Prosecutor Act, 2017 (Act 959) is consistent with the 1992 Constitution and does not conflict with Article 88, which vests exclusive prosecutorial authority in the Attorney‑General. While affirming the OSP’s constitutional status, the Court clarified that the Attorney‑General retains the power to discontinue any prosecution initiated by the OSP and to enter a nolle prosequi.

The decision resolved a legal challenge brought by private practitioner Noah Adamtey, who argued that Parliament exceeded its constitutional mandate by granting the OSP independent prosecutorial powers. The Court also rejected a prior High Court ruling that had deemed the OSP’s powers unconstitutional, thereby preserving the legality of past investigations, arrests, and asset seizures conducted by the anti‑corruption body.