The Supreme Court has unanimously ruled that the Office of the Special Prosecutor (OSP) Act, 2017 (Act 959) is constitutional, while affirming that the Attorney-General retains the constitutional authority to discontinue criminal prosecutions initiated by the OSP.
The landmark judgment, delivered on Wednesday, July 29, resolves a constitutional challenge filed by private legal practitioner Noah Adamtey, who questioned whether Parliament had the authority to grant the OSP independent prosecutorial powers under Ghana’s 1992 Constitution.
Adamtey argued that Article 88 of the Constitution vests prosecutorial authority exclusively in the Attorney-General and that Parliament exceeded its constitutional mandate by creating another institution with similar powers through an Act of Parliament.
The Attorney-General supported the constitutional challenge, arguing that although prosecutorial powers may be delegated, they must remain subject to the supervision and control of the Attorney-General. According to the Attorney-General’s position, those powers cannot be permanently vested in an independent institution without first amending the Constitution.
During the hearing, the OSP applied to join the case as an interested party, but the Supreme Court declined the request, ruling that the constitutional issues could be adequately determined between the plaintiff and the Attorney-General. However, the court permitted several civil society organisations involved in anti-corruption advocacy to participate in the proceedings.
In its unanimous decision, the apex court upheld the validity of the OSP Act, confirming that the establishment and operations of the Office of the Special Prosecutor are consistent with the Constitution.
At the same time, the court clarified that under Article 88 of the Constitution, the Attorney-General retains the power to discontinue any criminal prosecution commenced by the OSP, reinforcing the Attorney-General’s constitutional oversight over public prosecutions.
