The powers of the Office of the Special Prosecutor (OSP) to prosecute does not contravene Article 88 of the 1992 Constitution, the provision that vests in the Attorney-General, with exclusive authority to initiate proceedings in the name of the Republic, the Supreme Court has held.
This is because, the OSP holds an authorisation from the Attorney-General, in the form of the Legislative Instrument, Office of the Special Prosecutor (Operations) Regulations, 2018 ( L.I. 2374), which satisfies the Attorney-General's constitutional delegated authority.
The court held that the L.I. ought to exist until Parliament decides to amend it.
As a result, the court, in its unanimous decision, held that since the Attorney-General holds exclusive prosecutorial authority, the OSP can prosecute, but the Attorney-General can at any time discontinue the prosecutions initiated by the OSP.
All prosecutions and all convictions as well as freezing orders secured by the OSP are to remain valid.
In a judgment on Wednesday (July 29, 2026], the apex court held that Sections 3 and 4 of Act 959 were not inconsistent with, or in contravention of, the 1992 Constitution, and were therefore not void, as a Legal Officer, Mr Noah E. Adamtey, had contended.
The court further held that the responsibility for all prosecutions was vested exclusively in the A-G, and that any person other than the A-G who prosecutes in the name of the Republic does so only on the authority of the A-G.
The court further held that the OSP holds an authorisation given by the A-G, in accordance with law, to initiate and conduct prosecutions, and that this authorisation subsists until it is amended.
The A-G, the court added, retains the power to enter a nolle prosequi in respect of matters brought by the OSP.
It also ruled that all prosecutions, convictions and freezing orders entered under Section 71 of the Act remain valid, and that nothing in the judgement impugns the authority of any prosecutor authorised by the A-G.
It would be recalled in April 2026, the Accra High Court ruled that the Office of the Special Prosecutor (OSP) does not have the independent authority to prosecute criminal cases, directing that all matters initiated by the anti-corruption body be referred to the Attorney-General’s Department.
The decision, delivered on Wednesday (April 15, 2026), cast uncertainty over ongoing prosecutions being handled by the OSP, placing them effectively in abeyance pending further legal direction.
Presiding judge, Justice John Eugene Nyadu Nyante, held that although the OSP is empowered to investigate corruption-related offences, it lacks the constitutional mandate to independently initiate prosecutions.
