Supreme Court Dismisses Challenge to Special Prosecutor’s Office, Upholds Its Prosecutorial Powers

• Ghana's Supreme Court unanimously dismissed a case challenging the prosecutorial powers of the Office of the Special Prosecutor
• The apex court ruled that Act 959, which established the OSP, is consistent with Ghana's 1992 Constitution
• The court's ruling also clarified the scope of the Attorney-General's authority in relation to OSP prosecutions

The Supreme Court has unanimously thrown out a legal challenge to the constitutional validity of the Office of the Special Prosecutor (OSP), affirming that Parliament lawfully established the anti-corruption body.

The decision, delivered on Wednesday, 29 July, confirmed that the Office of the Special Prosecutor Act, 2017 (Act 959) is consistent with the 1992 Constitution.

The ruling also addressed the constitutional relationship between the OSP and the Attorney-General, clarifying that the Attorney-General retains the authority under Article 88 to discontinue criminal prosecutions initiated by the Office.

The case was brought by private legal practitioner Noah Adamtey, who argued that Parliament had exceeded its constitutional authority by granting the OSP prosecutorial powers that operate independently of the Attorney-General.

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Adamtey contended that Article 88 of the Constitution exclusively vests such powers in the Attorney-General, and that only a constitutional amendment could lawfully transfer comparable authority to a separate institution.

The Attorney-General aligned with aspects of that argument during proceedings, maintaining that while prosecutorial functions may be delegated, they must remain subject to the Attorney-General's control rather than being exercised autonomously by a statutory body.

The OSP sought to join the proceedings as an interested party but was refused by the court, which held that the constitutional questions at stake could be adequately resolved between the existing parties.

Several civil society organisations were, however, admitted to participate, given their established roles in governance and anti-corruption work in Ghana.

Supreme Court's Ruling on OSP and the Attorney-General

After hearing all submissions, the Supreme Court concluded that Parliament acted squarely within its constitutional mandate in establishing the OSP as an independent anti-corruption institution. Act 959 was therefore upheld in its entirety.

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Critically, the judgment drew a firm line on the limits of the OSP's independence: the Attorney-General's constitutional powers remain fully intact, including the express authority to terminate prosecutions that the Office has commenced.

The ruling stops short of undermining the OSP's operational independence while making clear that the Attorney-General's supervisory role in criminal prosecutions is not diminished by the existence of the Office.

The decision is expected to provide long-awaited judicial clarity on the constitutional boundaries governing one of Ghana's most prominent anti-corruption institutions, settling a dispute that had raised fundamental questions about the limits of Parliament's legislative authority in structuring prosecutorial bodies.

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