The Supreme Court has unanimously upheld the constitutionality of the Office of the Special Prosecutor (OSP) Act, 2017 (Act 959), affirming the legal foundation of the anti-corruption body while ruling that the Attorney-General retains the constitutional authority to discontinue prosecutions initiated by the OSP.
The landmark decision, delivered on Wednesday, July 29, settles a constitutional challenge filed by private legal practitioner Noah Adamtey, who questioned whether the prosecutorial powers granted to the OSP under Act 959 were consistent with Ghana’s 1992 Constitution.
Adamtey argued that Parliament exceeded its constitutional authority by establishing the OSP with independent prosecutorial powers. He contended that Article 88 of the Constitution exclusively vests prosecutorial authority in the Attorney-General, making it unconstitutional for Parliament to create another institution with similar powers through ordinary legislation.
The Attorney-General supported the constitutional challenge, arguing that while prosecutorial powers may be delegated, such delegation must remain subject to the Attorney-General’s supervision and cannot be permanently vested in an independent body without a constitutional amendment.
During the proceedings, the Office of the Special Prosecutor sought to join the case as an interested party. However, the Supreme Court dismissed the application, holding that the constitutional issues could be adequately determined between the plaintiff and the Attorney-General.
The court, however, permitted several civil society organisations to participate in the case, recognising their longstanding role in promoting transparency, accountability and anti-corruption reforms.
In its unanimous judgment, the apex court upheld the constitutionality of the OSP Act, confirming that the Office of the Special Prosecutor was lawfully established and can continue to operate under the existing legal framework.
At the same time, the court clarified that under Article 88 of the Constitution, the Attorney-General retains the power to discontinue any prosecution undertaken by the Office of the Special Prosecutor.
