Special Prosecutor Stripped Of Prosecutorial Power, Attorney General to Take Over Its Prosecutions

• The High Court in Accra hands over all prosecutions to the Attorney General, leaving the Special Prosecutor in a lurch
• Special Prosecutor's cases declared void, including that of former finance minister Ken Ofori-Atta
• The court orders the Special Prosecutor to seek the Attorney General's permission for future prosecutions at a hefty cost

The High Court in Accra has ordered the Attorney General to take over all criminal prosecutions in the various courts that are being handled by the Office of the Special Prosecutor.

The court has declared the special prosecutor's prosecutions void, affecting cases like the prosecution of former finance minister, Ken Ofori-Atta.

Starr News reported that the court held that the special prosecutor can only prosecute cases with the permission of the Attorney General.

Justice John Eugene Nyadu Nyante made these orders following a lawsuit challenging the prosecutorial powers of the controvresial.

The court also had costs of GH¢15,000 slapped against the special prosecutor.

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What did the Attorney General say about the case?

The Office of the Attorney General backed the lawsuit, arguing that Parliament overstepped its authority in granting the Office of the Special Prosecutor independent prosecutorial powers.

In an affidavit filed at the Supreme Court on April 8, 2026, in the case of Adamtey v. Attorney General, the state’s legal team argued that the special prosecutor's current operations violated the Constitution.

At the centre of its argument is Article 88, which vests all prosecutorial authority of the Republic solely in the Attorney General.

According to the filing, while the Constitution allows the Attorney General to delegate this power, such delegation can only be made to individuals and not to an institution acting independently.

The Attorney General argued that by enacting the Office of the Special Prosecutor Act, 2017 (Act 959), Parliament effectively transferred key elements of this constitutional power to a separate body without amending the Constitution.

How has the special prosecutor responded?

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The Office of the Special Prosecutor subsequently announced plans to challenge the ruling by the High Court.

In a statement, the office insisted that the High Court had exceeded its jurisdiction.

The anti-corruption body further stated that it is actively pursuing legal remedies to have the ruling overturned as quickly as possible.

In comments to YEN.com.gh, legal analyst Amanda Clinton, noted that the power to conclusively determine the constitutionality of an Act of Parliament rests with the Supreme Court alone.

"Where a ruling, in effect, limits or neutralises a statutory mandate created by Parliament, the question inevitably arises whether the issue has crossed from application of law into constitutional adjudication."

Kissi Agyebeng under fire

The Office of the Special Prosecutor and its head, Kisi Agyebeng, have been under intense scrutiny for a variety of reasons.

Late in 2025, it faced criticism after detaining lawyer and activist Martin Kpebu on December 3, 2025.

Kpebu has reiterated his resolve to petition President John Mahama to remove Agyebeng from Office, in addition to the three petitions for his removal, which the president forwarded to the Chief Justice.

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Kpebu has consistently criticised Agyebeng over his handling of the corruption-related investigation involving former Finance Minister Ken Ofori-Atta.

Mike Ocquaye slams special prosecutor

YEN.com.gh reported that Aaron Mike Ocquaye, a former legislator and speaker of Parliament, criticised the special prosecutor over bail conditions imposed on Kpebu.

Professor Mike Oquaye described the bail requirement for landed property as a violation of suspects’ human rights.

The office said Kpebu was arrested after a confrontation at its Accra office, where he allegedly insulted the officers.

Source: YEN.com.gh