By Ebenezer Adu-Gyamfi / Emmanuel Ayiku | Reporting for Ghanaian News Canada. April 17, 2026
Deputy Attorney-General, Justice Srem-Sai, has indicated that the Office of the Attorney-General will grant prosecutorial authorisation to the Office of the Special Prosecutor upon request, in line with a recent High Court ruling that has reshaped the legal framework governing corruption prosecutions in Ghana.
The clarification follows a decision by the High Court directing the Attorney-General to take over all ongoing prosecutions initiated by the Office of the Special Prosecutor (OSP), citing the lack of constitutional authorisation for the agency to independently prosecute cases.
According to Srem-Sai, the Attorney-General’s Office is committed to complying fully with the court’s directive while ensuring that the fight against corruption is not disrupted.
He explained that the OSP can continue its prosecutorial work once it obtains the necessary approval from the Attorney-General, as required under Ghana’s constitutional framework.
The court ruling established that although the OSP has the mandate to investigate corruption-related offences, it does not possess the independent authority to initiate prosecutions without prior authorisation from the Attorney-General.
This development has significant implications for Ghana’s anti-corruption efforts, as it temporarily halts or transfers multiple ongoing cases being handled by the OSP.
The ruling stemmed from a legal challenge by an accused person, who questioned the authority of the OSP to prosecute without express approval from the Attorney-General.
In response, the court held that the constitutional powers to initiate criminal prosecutions rest primarily with the Attorney-General, and any such authority exercised by another body must be properly authorised.
Srem-Sai emphasized that the Attorney-General has no intention of obstructing justice and will take the necessary steps to regularize ongoing prosecutions in accordance with the law.
“The Attorney-General will act to give effect to the court’s order,” he indicated, assuring that processes are being put in place to assume control of affected cases while maintaining legal continuity.
The decision has sparked broader debate within legal and political circles about the independence and effectiveness of Ghana’s anti-corruption institutions.
The Office of the Special Prosecutor, established to investigate and prosecute corruption-related offences, has played a key role in high-profile cases involving public officials. However, the ruling now places its prosecutorial powers under closer supervision by the Attorney-General.
Meanwhile, the OSP has signaled its intention to challenge the ruling, arguing that it raises constitutional questions that may ultimately require interpretation by the Supreme Court.
As the legal process unfolds, attention remains on how the balance between institutional independence and constitutional authority will be resolved.
