Supreme Court Upholds OSP Act But Says Attorney-General Can Discontinue Its Prosecutions

The Supreme Court has unanimously upheld the constitutionality of the Office of the Special Prosecutor Act, 2017 (Act 959), but ruled that the Attorney-General retains the power to discontinue any prosecution initiated by the OSP.

In a judgment delivered on Wednesday, July 29, 2026, the apex court dismissed a constitutional challenge brought by private legal practitioner Noah Adamtey, who argued that Parliament exceeded its powers by granting independent prosecutorial authority to the OSP.

In its unanimous decision, the Supreme Court affirmed the legal basis for the establishment and operation of the Office of the Special Prosecutor. It held that Act 959 is consistent with the Constitution.

At the same time, the court ruled that by virtue of Article 88, the Attorney-General has the constitutional authority to discontinue any prosecution undertaken by the OSP.

The judgment settles a key legal debate on the independence of the OSP and clarifies the limits of its prosecutorial mandate within Ghana’s constitutional framework.

Background
Adamtey contended that Article 88 of the 1992 Constitution vests prosecutorial powers solely in the Attorney-General.

He argued it was therefore unconstitutional for Parliament to create, through ordinary legislation, another body with similar powers.

The Attorney-General supported the suit, stating that while prosecutorial powers may be delegated, such delegation must remain under the supervision of the Attorney-General.

According to the AG, those powers cannot be permanently vested in an independent institution without a constitutional amendment.

Click to read more: https://opemsuo.com/author/hajara-fuseini/