Supreme court upholds Special Prosecutor's independence in landmark anti-corruption ruling
The Supreme Court has ruled that Ghana's Office of the Special Prosecutor can investigate and prosecute corruption cases without the Attorney-General's approval, while affirming that the Attorney-General retains the constitutional power to halt such prosecutions.
Supreme Court has delivered a landmark judgment clarifying the powers of the Office of the Special Prosecutor (OSP), ruling that the anti-corruption body has the constitutional authority to investigate and prosecute corruption-related offences independently.
In a unanimous decision , a seven-member panel chaired by Chief Justice Paul Baffoe-Bonnie dismissed a constitutional challenge against key provisions of the Office of the Special Prosecutor Act, 2017 (Act 959).
The ruling settles years of legal uncertainty over whether the OSP could prosecute criminal cases without first obtaining the approval of the Attorney-General.
The case was brought by private legal practitioner Noah Adamtey, who argued that Article 88 of Ghana's 1992 Constitution gives the Attorney-General exclusive authority to prosecute criminal offences.
He contended that Parliament exceeded its constitutional powers by granting the OSP independent prosecutorial authority under Sections 3(3) and 4 of Act 959.
However, the Supreme Court rejected the challenge, holding that Parliament acted within its constitutional mandate when establishing the Special Prosecutor's prosecutorial powers.
The judgment confirms that the OSP may independently investigate and prosecute corruption and corruption-related offences, strengthening its operational autonomy in Ghana's anti-corruption architecture.
The court, however, also reaffirmed the constitutional authority of the Attorney-General to discontinue criminal proceedings by entering a nolle prosequi, a legal procedure used to terminate a prosecution before judgment.
The decision means that while the Special Prosecutor can initiate and conduct prosecutions without seeking prior approval, the Attorney-General retains the final constitutional power to halt those proceedings where considered necessary.
Notably, the ruling departed from the legal position advanced by the Attorney-General's office during the hearing. Deputy Attorney-General Justice Srem-Sai had argued that all prosecutorial authority under the Constitution rests with the Attorney-General and that the OSP exercises such powers only by delegation.
The Supreme Court disagreed, concluding that the Office of the Special Prosecutor Act is consistent with the Constitution and that the OSP's prosecutorial mandate exists independently under the law.
The judgment is expected to reinforce the legal standing of the Office of the Special Prosecutor, an institution created to spearhead Ghana's fight against corruption.
It also provides constitutional clarity on the balance of powers between the Special Prosecutor and the Attorney-General, defining both the OSP's operational independence and the Attorney-General's ultimate constitutional oversight of criminal prosecutions.