Ghana Supreme Court Upholds OSP Act, Says Attorney-General Can Halt Prosecutions
Ghana’s Supreme Court has unanimously upheld the constitutionality of the Office of the Special Prosecutor (OSP) Act, 2017 (Act 959), while ruling that the Attorney-General has the constitutional power to discontinue prosecutions brought by the anti-corruption agency.
The ruling, delivered on Wednesday, July 29, 2026, followed a constitutional challenge by private legal practitioner Noah Adamtey, who argued that Parliament had acted beyond its powers by granting the OSP independent prosecutorial authority.
Mr Adamtey contended that Article 88 of Ghana’s 1992 Constitution vests prosecutorial powers exclusively in the Attorney-General and that Parliament could not confer similar powers on an independent institution through ordinary legislation.
The Attorney-General backed the challenge, arguing that while prosecutorial powers could be delegated, ultimate authority remained with the Attorney-General and could not be permanently transferred to an independent body without a constitutional amendment.
The OSP had sought to join the case as an interested party, but the Supreme Court rejected the application, saying the constitutional issues could be resolved between the plaintiff and the Attorney-General.
Several civil society organisations were, however, allowed to participate in the proceedings because of their interest in Ghana’s anti-corruption laws and institutions.
In a unanimous decision, the court upheld the OSP Act and confirmed the constitutional validity of the Office of the Special Prosecutor and its prosecutorial mandate.
But the court also affirmed the Attorney-General’s authority under Article 88 to discontinue prosecutions initiated by the OSP.
The ruling is expected to have significant implications for the balance between the OSP’s prosecutorial independence and the constitutional powers of the Attorney-General, Ghana’s principal legal adviser and chief prosecutor.
