By: Evans Osei-Bonsu
The Supreme Court has unanimously dismissed a constitutional challenge against the prosecutorial powers of the Office of the Special Prosecutor (OSP), affirming that the anti-corruption agency is constitutionally empowered to investigate and prosecute corruption-related offences independently.
In a landmark judgment delivered on Tuesday, July 29, 2026, the apex court held that the Office of the Special Prosecutor has the legal authority to initiate and conduct criminal prosecutions under the Office of the Special Prosecutor Act, 2017 (Act 959).
The Court, however, clarified that the Attorney-General, by virtue of Article 88 of the 1992 Constitution, retains the constitutional authority to enter a nolle prosequi – a formal declaration discontinuing criminal proceedings-and may therefore terminate criminal prosecutions initiated by the OSP.
The decision settles months of legal uncertainty surrounding the prosecutorial independence of the OSP and is expected to have far-reaching implications for Ghana’s anti-corruption framework.
The suit was brought by Noah Ephraem Tetteh Adamtey, who argued that prosecutorial authority under the Constitution is vested exclusively in the Attorney-General and, therefore, could not be exercised independently by the Office of the Special Prosecutor. He contended that provisions of Act 959 granting the OSP prosecutorial powers were inconsistent with Articles 88 and other provisions of the Constitution.
The constitutional challenge attracted significant public interest, with a coalition of civil society organisations successfully applying to participate in the proceedings as amici curiae in support of the OSP’s independent mandate.
Established under the Office of the Special Prosecutor Act, 2017 (Act 959), the OSP is Ghana’s specialised anti-corruption institution mandated to investigate and prosecute cases of corruption and corruption-related offences involving public officials, politically exposed persons and private individuals. The Office also has responsibility for recovering proceeds of corruption and implementing preventive anti-corruption measures.
Today’s ruling is the latest in a series of unsuccessful legal attempts to challenge the OSP’s constitutional status and independence. In 2024, the Supreme Court dismissed a separate suit filed by Daily Searchlight Editor-in-Chief Kenneth Kwabena Agyei Kuranchie, who sought to have the law establishing the OSP declared unconstitutional. The Court later unanimously rejected an application to review that decision, emphasizing that the OSP should not be hindered by repetitive litigation while carrying out its statutory mandate.
Source: Purefmonlinegh.com || Evans Osei-Bonsu || 2026
