Supreme Court Upholds OSP Act While Reaffirming Attorney-General’s Constitutional Oversight

By Boakye Stephen, Kumasi, Ghana | Reporting for Ghanaian News Canada | July 29,2026

Ghana’s Supreme Court has delivered a landmark constitutional ruling that preserves the legal foundation of the Office of the Special Prosecutor (OSP) while affirming the Attorney-General’s ultimate constitutional authority over criminal prosecutions.

In a unanimous judgment delivered on Wednesday, the apex court rejected a constitutional challenge seeking to invalidate the Office of the Special Prosecutor Act, 2017 (Act 959). The decision confirms that Parliament acted within its constitutional mandate when it established the independent anti-corruption institution.

The legal action was initiated by private legal practitioner Noah Adamtey, who argued that the Constitution reserves prosecutorial authority exclusively for the Attorney-General and that Parliament lacked the power to grant similar authority to another statutory institution without first amending the Constitution.

While rejecting that argument, the Supreme Court clarified that the Attorney-General retains powers granted under Article 88 of the 1992 Constitution, including the authority to discontinue criminal prosecutions initiated by the Office of the Special Prosecutor. The ruling therefore reinforces constitutional oversight without dismantling the independence of the anti-corruption body.

During proceedings, the Office of the Special Prosecutor sought to participate as an interested party, but the court concluded that its participation was unnecessary because the constitutional questions could adequately be resolved by the existing parties. However, several civil society organisations were permitted to contribute due to their long-standing interest in governance and anti-corruption reforms.

The judgment is expected to shape future constitutional interpretation regarding prosecutorial authority while providing greater certainty about the legal relationship between the Attorney-General and the Office of the Special Prosecutor.

Commentary

The ruling strengthens Ghana’s constitutional order by balancing institutional independence with constitutional accountability. While the Office of the Special Prosecutor retains its legal mandate to investigate and prosecute corruption-related offences, the judgment confirms that constitutional safeguards remain vested in the Attorney-General. Legal analysts believe the decision reduces uncertainty surrounding the country’s anti-corruption framework while preserving the checks and balances envisioned by the Constitution.