Supreme Court Affirms OSP Can Prosecute Alone, But AG Can Still Stop Cases

The Supreme Court has ruled that the *Office of the Special Prosecutor (OSP)* can independently investigate and prosecute corruption cases, but the *Attorney-General (AG)* still has the constitutional power to end those prosecutions.

In a unanimous decision, a *7-member panel* led by *Chief Justice Paul Baffoe-Bonnie* dismissed a suit challenging the OSP’s mandate under the Office of the Special Prosecutor Act, 2017 (Act 959).

The case was brought by private lawyer *Noah Adamtey*. He argued that Article 88 of the 1992 Constitution gives the AG exclusive authority to prosecute, and that Parliament overstepped by granting the OSP independent prosecutorial powers in Sections 3(3) and 4 of Act 959. He wanted the court to declare those sections unconstitutional.

The court disagreed. It upheld the law and confirmed that the OSP can launch and run corruption-related prosecutions without first seeking the AG’s approval.

However, the justices also stressed that the AG is not sidelined. Under the Constitution, the Attorney-General can still intervene in any criminal case and discontinue it by filing a *nolle prosequi*.

The ruling rejects the position argued by *Deputy Attorney-General Justice Srem-Sai* during proceedings, who maintained that all prosecutorial power flows solely from the AG’s office.

With this decision, the court has settled a key constitutional dispute: the OSP has operational independence to fight corruption, but final oversight still rests with the Attorney-General.

The judgment is expected to solidify the legal footing of the OSP, the body set up to lead Ghana’s anti-corruption fight and handle several high-profile cases, while also reaffirming the AG’s role as the ultimate authority over criminal prosecutions.