Attorney General challenges OSP’s prosecutorial independence at Supreme Court
10th April 2026
The Office of the Attorney General has responded to a constitutional writ at the Supreme Court of Ghana, seeking to strike out portions of the Office of the Special Prosecutor Act, 2017 (Act 959) that grant the Office of the Special Prosecutor (OSP) independent prosecutorial powers.
In an affidavit filed on April 8, 2026, in the case of Adamtey v. Attorney General, the state’s chief legal advisor argues that allowing the Special Prosecutor to initiate criminal proceedings without express authorisation from the Attorney General violates the 1992 Constitution of Ghana.
At the centre of the dispute is Article 88 of the Constitution, which vests prosecutorial authority in the Attorney General.
The filing contends that while the OSP was created to combat corruption, it cannot operate as a “parallel state” exercising powers outside the constitutional supervision of the Attorney General.
The case was initiated by private citizen Noah Ephraem Tetteh Adamtey, who is challenging the constitutionality of Act 959, the law governing the OSP’s operations.
Specifically, the Attorney General is contesting provisions that allow the OSP to prosecute corruption-related cases without first obtaining a “fiat” or authorisation from the AG’s office.
“The power to prosecute is a constitutional monopoly held by the Attorney General… any legislation that seeks to grant a separate entity the power to prosecute without being under the direct supervision and authorisation of the AG is, to that extent, unconstitutional and void,” the filing argues.
The legal battle follows an earlier ruling on January 27, 2026, when the Supreme Court dismissed an application by the OSP to join the same suit to defend its mandate, after opposition from the Attorney General.
Legal observers say a ruling in favour of the Attorney General could significantly reshape Ghana’s anti-corruption framework.
If upheld, the decision could require the OSP to seek approval from the Attorney General before prosecuting any case—potentially delaying or halting ongoing high-profile investigations until authorisation is granted.
Critics warn that such a move could weaken the effectiveness of the OSP and expose its work to political influence, given that the Attorney General is a presidential appointee.
However, proponents of the challenge argue that the Constitution must remain supreme and that all prosecutorial authority must be exercised within its framework.
On the other hand, supporters of the OSP—including civil society groups—insist that its independence is essential, particularly in handling cases involving politically exposed persons where conflicts of interest may arise.
The Supreme Court’s eventual ruling is expected to have far-reaching implications for the balance between constitutional authority and institutional independence in Ghana’s fight against corruption.