Ghana's Special Prosecutor survives Supreme Court challenge over constitutional powers

The Supreme Court has unanimously upheld the constitutionality of Ghana's Office of the Special Prosecutor (OSP), dismissing a legal challenge that sought to strip the anti-corruption body of its prosecutorial powers.

In a landmark ruling delivered on Wednesday, the seven-member panel held that the Office of the Special Prosecutor Act, 2017 (Act 959) is consistent with Ghana's 1992 Constitution, preserving the legal foundation of one of the country's key anti-corruption institutions.

However, the court also clarified that the Attorney-General retains the constitutional authority to discontinue criminal prosecutions initiated by the OSP under Article 88 of the Constitution.

The judgment settles a closely watched constitutional dispute over the relationship between the Attorney-General and the Special Prosecutor, providing judicial clarity on the limits of the agency's prosecutorial independence.

The case was brought by private legal practitioner Noah Adamtey, who argued that Parliament exceeded its constitutional powers by granting prosecutorial authority to the OSP through ordinary legislation.

He contended that Article 88 of the Constitution vests prosecutorial powers exclusively in the Attorney-General and that Parliament could not lawfully create another body with similar powers without first amending the

Constitution.

The Attorney-General supported that interpretation during the proceedings, arguing that while prosecutorial functions could be delegated, they must remain subject to the Attorney-General's constitutional control and supervision.

The Office of the Special Prosecutor sought to join the case as an interested party, but the Supreme Court rejected the application, ruling that the constitutional questions could be adequately determined by the existing parties.

The court did, however, permit several civil society organisations involved in governance and anti-corruption advocacy to participate in the proceedings.

After considering the arguments, the Supreme Court concluded that Parliament acted within its constitutional mandate when it established the Office of the Special Prosecutor under Act 959.

While affirming the agency's legal status, the judges held that the Attorney-General's constitutional powers remain unaffected, including the authority to discontinue prosecutions commenced by the OSP.

The ruling is expected to shape the future relationship between the two institutions by confirming the Special Prosecutor's constitutional legitimacy while reaffirming the Attorney-General's supervisory role in criminal

prosecutions.

The decision also removes uncertainty over the legal basis of the OSP, an institution created to investigate and prosecute corruption and corruption-related offences involving public officials.