Supreme Court admits 14 CSOs in OSP’s constitutionality case
A seven-member panel of the Supreme Court has granted an application by 14 civil society organisations (CSOs) seeking to join the case of Adamtey v Attorney-General, which is challenging the constitutionality of the Office of the Special Prosecutor (OSP).
The panel, presided over by Chief Justice Paul Baffoe-Bonnie, admitted the application after counsel for the applicants, Kizito Beyuo, argued that the CSOs possessed relevant expertise and institutional knowledge that could assist the apex court in determining the matter.
The CSOs are the Ghana Centre for Democratic Development (CDD-Ghana), Transparency International Ghana, the Ghana Anti-Corruption Coalition, IMANI Africa, Democracy Hub, the STAR-Ghana Foundation, NORSAAC, Penplusbytes, ACEP, Odekro, A Rocha Ghana, Parliamentary Network Africa, the One Ghana Movement, and Africa Education Watch.
According to counsel, the organisations are independent bodies with longstanding interests in governance, accountability and anti-corruption issues, making their participation necessary in a case with potentially far-reaching implications for Ghana’s anti-corruption architecture.
The substantive suit, filed by private citizen Adamtey, challenges the constitutional basis of the Office of the Special Prosecutor, an independent anti-corruption agency established under the Office of the Special Prosecutor Act, 2017 (Act 959).
The plaintiff is questioning whether aspects of the establishment and operational structure of the OSP are consistent with the 1992 Constitution.
The Office of the Special Prosecutor was created to investigate and prosecute corruption-related offences, particularly cases involving public officials and politically exposed persons.
Since its establishment, the institution has become one of Ghana’s most prominent anti-corruption agencies and has handled several high-profile investigations and prosecutions.
The decision by the Supreme Court to allow the civil society organisations to join the case is expected to broaden the legal and public interest dimensions of the proceedings, given the active role many CSOs have played in advocating stronger anti-corruption reforms and institutional accountability in Ghana.
The case has attracted significant public attention due to the possible implications any ruling could have on the future operations and legal mandate of the Office of the Special Prosecutor.
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