Private Citizen Sues Attorney General Over Office of Special Prosecutor's Autonomy
- A private Ghanaian citizen has filed a suit at the Supreme Court challenging the constitutionality of the Office of the Special Prosecutor as an independent body
- Noah E. Tetteh argued that Parliament had overstepped its constitutional limits by establishing the OSP to operate independently of the Attorney General's office
- This legal action by the private citizen followed growing calls from public figures, including Samuel Okudzeto and Mahama Ayariga, for the scrapping of the OSP
- Emmanuel Ega Abledu, a young NDC activist and former Tein UPSA vice president, shared his views on this in a discussion with YEN.com.gh
A private Ghanaian citizen, Noah E. Tetteh, has sued the Attorney General's office over Parliament's decision to establish the Office of the Special Prosecutor (OSP).
The suit, filed at the Supreme Court, challenges the constitutionality of the OSP as an independent body.
Source: Facebook
This was confirmed in a social media post by the Deputy Attorney General, Justice Srem Sai, on Wednesday, December 10, 2025.
He said Tetteh, who is a lawyer by profession, argued that Parliament acted beyond its constitutional limits in setting up the OSP to operate independently of the Attorney General.
He contended that the Attorney General is constitutionally designated as the principal state prosecutor of the Republic of Ghana, suggesting Parliament erred in creating another office to perform the same function.
Consequently, the private Ghanaian citizen is seeking an order from the Supreme Court to strike down the provisions of Act 959 that confer autonomous prosecutorial authority on the OSP.
"I can confirm that a citizen - Noah E. Tetteh - has sued the Attorney-General in Supreme Court suit number J1/3/2026. HIS GROUNDS: Parliament has no power to set up an office of a prosecutor which is independent and outside the control of the Attorney-General."
"HIS RELIEF: An order to strike down… the provisions of Act 959 that confer autonomous prosecutorial authority on the Office of the Special Prosecutor or insulate it from the Attorney-General's constitutional control," Justice Sai wrote.
Calls for scrapping of Ghana's OSP heightened
Tetteh's suit comes amid heightened calls by some Ghanaians for the OSP to be scrapped.
Earlier, renowned legal practitioner and former President of the Ghana Bar Association (GBA), Sam Okudzeto, called for the scrapping of the Office of the Special Prosecutor (OSP).
According to the veteran lawyer, the entity had failed to live up to expectations; therefore, there is no need to keep it running.
Speaking in a recent interview with Joy News, Okudzeto opined that the time had come for Ghanaians to question the purpose for which the OSP was established and whether it had delivered on its mandate.
The Majority Leader of Ghana’s Parliament, Mahama Ayariga, also made similar calls, urging the Legislature to repeal the law establishing the entity.
The Speaker of Parliament, Alban Bagbin, also added his voice to the calls for the OSP to be scrapped following the arrest and detention of private legal practitioner and social commentator, Martin Kpebu.
Kpebu was arrested and detained for several hours on Wednesday, December 3, 2025, at the OSP’s head office in Accra, before being released later that night.
Young politician disagree OSP scrap calls
Speaking to YEN.com.gh, Emmanuel Ega Abledu, a young NDC activist and former Tein UPSA vice president, disagreed with calls to scrap the OSP.
He argued that scrapping the OSP would look like Ghana is giving up on the fight against corruption.
"While I understand the frustration leading to calls for it to be scrapped, I don't think that's the answer. Scrapping it would look like we're giving up on the fight against corruption. I believe the office needs a fundamental overhaul, a clear refocusing of its mandate, stricter governance, and perhaps a reconstitution with truly non-partisan professionals. We must fix it, not kill it, because the need for an effective anti-corruption agency is greater than ever," he said.
Source: Facebook
President Mahama addresses calls to scrap OSP
Meanwhile, YEN.com.gh reported earlier that President John Dramani Mahama had called for calm amid calls to scrap the OSP.
He also stressed the importance of strengthening state institutions that promote transparency and good governance.
Some major political figures have argued for scrapping the Office of the Special Prosecutor, citing its perceived ineffectiveness.
Proofreading by Bruce Douglas, copy editor at YEN.com.gh.
Source: YEN.com.gh
